An Analysis Of Spaces For LGBTI Activism In Zambia COUNTRY .
canaries inthe coal minesAn analysis of spaces for LGBTI activism in ZambiaCOUNTRY REPORT
canaries in the coal minesAn analysis of spaces for LGBTI activism in ZambiaCOUNTRY REPORT The Other Foundation 2017Postnet Suite 209, Private Bag X31, Saxonwold, 2132, Johannesburg, South Africawww.theotherfoundation.orgFollow us on Twitter @OtherFoundation
contentsSummary. 21 Country Context. 57 Key Potential non-LGBTI Allies/ Strategic EntryPoints. 242 Legislative and Policy Environment. 7Religious and Cultural Leaders. 25Penal Code. 8Media. 25 Anti-homosexuality Laws. 8Civil Society Human Rights Organizations. 26 Other Discriminatory Sections in the Penal Code. 8Families as Agents of Change: Engaging Religious andTraditional Leaders. 26African Charter on Human and Peoples’ Rights. 83 Public Discourse. 10Media. 12Religious Leaders and Institutions. 13Public Health. 14Human Rights Perspective. 154 The LGBTI Movement: Advancing LGBTIPeople’s Rights. 16In/Visibility. 17AngolaMalawiOrganizing. 185 Strategies used by LGBTI groups and allies. 19ZambiaBotswanaMozambique6 Needs and Experiences of LGBTI People: SocialIn/Exclusion. 21MauritiusIntimidation and Corruption. 22Right to Health. 22NamibiaSwazilandLesothoZimbabweFreedom of Association. 22Fear of Being Outed. 23Social Ex/Inclusion. 238 Ways Forward. 289 References. 30
canaries in the coal mines – an analysis of spaces for LGBTI activism in ZambiasummaryThis review provides an insight on the extent to whichthe human rights of lesbians, gays, bisexual, transgenderand intersex (LGBTI) people are respected and upheldin Zambia. It considers the socio-cultural and politicalrealities in which LGBTI people find themselves, and theways in which LGBTI groups and individuals manage tofunction in a homophobic context.Despite gaining independence from Britain in 1964, Zambia held on to some of itscolonial-era laws including the Penal Code criminalizing same-sex practices. Homophobiais further ‘justified’ by the fact of Zambia being a Christian nation with same-sexualityperceived as un-Christian. The Penal Code on ‘Unnatural Acts’ has escaped interrogationas part of decolonization efforts, in relation to the argument that homosexuality is unChristian, un-African, foreign and ‘western’. Efforts to support and defend LGBTI humanrights are seen as part of an agenda driven by western donors, threatening local cultures,traditions and values. These beliefs and assertions, contradictory as they are, have gainedpolitical, social and community currency in Zambia.Three of the most dominant church bodies, the Christian Council of Churches (CCC), theEvangelical Fellowship of Zambia (EFZ) and the Zambia Episcopal Fellowship (ZEF) haveissued public statements against LGBTI human rights, informing not only public discourseand opinion, but also the Zambian Constitution’s position on sexual orientation andgender identity (SOGI).In a context that makes little ‘allowance’ for the human rights of LGBTI people, a rangeof approaches are being used to develop strategic relationships with potential LGBTIallies to create space for the fulfilment of the human rights of LGBTI people. Allies includethe Zambia Network of Religious Leaders Living with or Personally Affected by HIV andAIDS (Zanerela ), an interfaith organization, and TransBantu, an organization working withtransgender children and their parents to support parents and broader communities toaccept and understand the human rights of LGBTI people.country report: ZambiaABOUT THE AUTHORThis country report was written for theOther Foundation by Lilly Phiri informedby engagement with individuals andorganizations in Zambia. Lilly is fromZambia and is a PhD candidate at theUniversity of KwaZulu-Natal. A trainedChristian minister, she has undertakenacademic research on LGBTI issuesin Zambia and South Africa. Lilly wasrecently recognized as one of the topfive women PhD candidates at theuniversity.The production of the reportwas supported by George Murumba andbenefited from editorial contributionsgiven by Mark Gevisser. The final text ofthe report was edited by Sarita Ranchodand Sonja Boezak from Under theRainbow.country report: Zambia3
In working toward the social inclusion of LGBTI people, groups and allies have foundspaces to:4country report: Zambia Operate between visibility andinvisibility in a country where the legalregistration of LGBTI organizations isnot possible. Work with other human rights groupson common issues and concerns tosupport and ensure the human rightsof LGBTI people. Recognize the value of allies whohave access to different influentialsectors and opinion shapers whocan shift the anti-LGBTI human rightsdiscourse. Employ strategies to engage familiesof LGBTI people and religiousleaders in dialogue towards widelyrecognizing and supporting thehuman rights of LGBTI people.Develop relationships with otherLGBTI-friendly organizations andindividuals for broader socialchange that challenge prevailingdiscriminatory attitudes and beliefsthat threaten the human rights ofLGBTI people.countrycontext1
canaries in the coal mines – an analysis of spaces for LGBTI activism in ZambiaZambia attained independence from Britain in 1964,and chose to embrace colonial laws such as the PenalCode that criminalizes same-sex relationships, sexualconduct and the visibility of lesbians, gays, bisexuals,transgender and intersex (LGBTI) people. Its Constitutiondefines Zambia as a Christian country. The argument thathomosexuality is un-Christian and un-African is backedup by efforts to suppress and deny the existence andpractice of homosexuality, denying the human rights ofLGBTI people.legislative andpolicy environmentHuman rights groups in Zambia use the Universal Declaration of Human Rights (1948)and Zambia’s Bill of Rights — that declares that all Zambians have a right to respect,dignity and freedom — to tackle the colonial Penal Code and negative public debates thatcontinue to deny LGBTI people their human rights.There is a relatively small number of these voices objecting to the negative publicconversation on recognizing the human rights of LGBTI people. By engaging clergy whosupport LGBTI human rights, a conversation has been started on Christianity and otherreligions as safe, accepting and caring havens for all people. There are also youth groupswho have added their voices to the fight for LGBTI human rights.Where discussions on public health include some consideration for men who have sexwith men (MSM) as one of the key populations to be considered in combating HIV/AIDS,other sexual minorities are insufficiently considered in existing efforts. Given hostile socialand political contexts little is known and researched on sexual orientation and genderidentity (SOGI) in Zambia, although pockets of information are opening.6country report: Zambia2
canaries in the coal mines – an analysis of spaces for LGBTI activism in Zambia“There are no recordsof intersex people orbabies born in thehospitals back in thedays, parents wouldbe asked to choosethe gender identity ofthe intersex child, butthere are no recordsof intersex surgerieson intersex people arebeing done.”Focus Group Participantcanaries in the coal mines – an analysis of spaces for LGBTI activism in ZambiaOther DiscriminatorySections in the Penal Code2.1 Penal CodeAnti-homosexuality LawsSections 155 through 158 of the PenalCode directly relate to and criminalizesame-sex sexual conduct.From Section 155 (Unnatural Offences):Any person who(a) has carnal knowledge of any personagainst the order of nature; or(b) has carnal knowledge of an animal; or(c) permits a male person to have carnalknowledge of him or her against the orderof nature; is guilty of a felony and is liableto imprisonment for fourteen years.Section 156 (Attempt to CommitUnnatural Offences):Any person who attempts to commit anyof the offences specified in the precedingsection is guilty of a felony and is liable toimprisonment for seven years.Section 158 (Indecent Practices BetweenMales):Any male person who, whether in publicor private, commits any act of grossindecency with another male person, orprocures another male person to commitany act of gross indecency with him, orattempts to procure the commission ofany such act by any male person withhimself or with another male person,whether in public or private, is guilty of afelony and is liable to imprisonment forfive years.Recent applications of the law includethe arrest of Philip Mubiana and JamesMwape, charged under the sodomy law1after being reported by a relative in 2014.High level interventions from the UnitedStates, Germany and UNAIDS ensuredthe couple’s release. Again, in 2015,two men were arrested for kissing inpublic, and charged for causing a ‘publicnuisance’. They were later released afterpaying an admission of guilt fine. Alsoin 2015, a transgender woman, HatchBril, described by print media as a “fakewoman” was charged and found guilty ofsodomy.2Although there is no specific law orpolicy that discriminates based ongender identity, identity documentationsuch as passports fail to capture thesex of intersex and transgender people,requiring citizens to declare whether theyare male or female. Existing laws andpolicies do not allow for officially changingone’s gender identity.In addition to stipulations in the PenalCode that directly relate to samesexuality, other sections are also used todeny the human rights of LGBTI people.Section 378 (Personation), has beenapplied to transgender people. It states:“Any person who, with intent to defraudany person, falsely represents himself tobe some other person, living or dead, isguilty of a misdemeanour.”The Marriage Act states that onlymarriage between a man and a womanis allowed.2.2 African Charter on Human and Peoples’ RightsThe Banjul Charter, to which Zambiais party, calls for freedom fromdiscrimination, equality, life and personalintegrity and dignity. LGBTI peoplecontinue to face street harassment andstate-instigated homophobia. Harassmentexperienced by LGBTI people generallygoes unreported for fear of secondaryabuse by law enforcement officers shouldincidents be reported to the police.All the international and regional treatiesthat Zambia is party to promote theinalienable human rights and dignity ofall its citizens. Despite this, Zambia hasbased its discriminatory stance againstthe human rights of LGBTI people byreferring to national laws, highlighting thecountry’s right to sovereignty, especiallyregarding what is seen as ‘western’influences.“Once a transgenderwoman dressesas a woman, shecan be arrested forimpersonating awoman.”Focus Group ParticipantIn 2014, Whisky Sakalawas detained for‘posing as a woman,dressing in women’sattire, allowing fellowmen to buy him [her]beer in a club, and lateraccompanying one to aroom’.89country report: Zambia1. Mweetwa, S. (2014, March 5). Kapiri “Gay Couple” found with Case. Times of Zambia. http://www.times.co.zm/?p 12907. Accessed on27th April, 2016.2. Mamba Writer. (2015, November 3). Zambian hairdresser faces 15 years jail for sodomy. Mambaonline. dresser-faces-15-years-jail-sodomy/. Accessed on 14th April, 2016.country report: Zambia
canaries in the coal mines – an analysis of spaces for LGBTI activism in Zambiapublicdiscourse3Supported by the Christianity clause in its Constitution,homosexuality and any form of gender nonconformingidentity is framed as ‘un-Christian’ and ‘un-African’.There is, however, a gradual shift in discourse from total refusal by religious and culturalleaders to openly discuss SOGI issues, towards pockets of religious and traditionalleaders gradually becoming allies of LGBTI human rights.For the last twenty years, Zambia has been ruled by the Movement for MultipartyDemocracy (MMD) and the Patriotic Front (PF) two of three major political parties.Zambia’s second president, Frederick Chiluba, an Evangelical Christian, describedhomosexuality as “the worst kind of depravity”.3 His comment illustrates how Zambianpoliticians deploy interpretations of Christian doctrine in their public condemnation ofhomosexuality. In recent years, there has been a shift, using homophobia as a formof political currency in political campaigns, with one political party accusing anotherof condoning same-sex practices, branding them unsuitable for political leadership ina Christian nation. Then MMD Vice President George Kunda is quoted as stating thathomosexuality could lead to “sadism and Satanism”, calling on his opponents to maketheir stance on gay rights known.4During his presidentialelection campaignPresident Lunguused homophobiafor political mileage,stating “we will notsupport homosexuality.I will not compromisehuman nature becauseof money. God mademan and woman.”The state of the human rights of LGBTI people in Zambia was raised by the UN SecretaryGeneral, Ban Ki-moon, during his address to the Zambian parliament in 2012, observinghow the constitution-making process offered the country an opportunity to enshrinethe highest standards of human rights and protection for all people regardless of race,religion, gender, sexual orientation or disability.5In a meeting with former president Kenneth Kaunda, Ki-moon reiterated that“homosexuals, lesbians and gays are people whose rights need to be dignified andrespected.”6 His statement raised heated debate on Zambia’s sovereignty, deploying thenarrative that SOGI issues are part of ‘western’ propaganda.In 2013, the current President, who was then Home Affairs Minister, Edgar Lungu, said:“there will be no such discussion on gay rights. That issue is foreign to this country those advocating gay rights should go to hell. That is not an issue we will tolerate.”7113. Mphande, J. (2013, October 31). Shackled by Homophobic Law. Mambaonline. omophobic-laws/. Accessed on 16th April, 2016.4. Mambaonline. Gay Rights Come to Fore in Zambia’s Politics. http://www.mambaonline.com/article.asp?artid 5155. Accessed on 6th April,2016.5. United Nations. (2012, February 24). Secretary-General’s remarks to the National Assembly in the Republic of Zambia [as delivered]. http://www.un.org/sg/statements/index.asp?nid 5881. Accessed on 28th April, 2016.6. Lusaka Times. (2012, February 25). Ban Ki-moon Calls for Respect for Homosexuals and lesbians. calls-respect-homosexuals-lesbians/. Accessed on 28th April, 2016.7. Udoh, N. (2013). Go to Hell, Edgar Lungu tells Gay Rights Activists. Zambia Reports. arlungu-tells-gay-rights-activists/. Accessed on 7th April, 2016.country report: Zambia
canaries in the coal mines – an analysis of spaces for LGBTI activism in ZambiaLungu successfullyfused the country’ssovereignty; itspolitical, cultural andreligious discourses,and homophobicinterpretations ofSOGI to appeal to theelectorate.canaries in the coal mines – an analysis of spaces for LGBTI activism in Zambia3.1 MediaMass media, despite limited knowledgeof LGBTI issues, strongly contributes toshaping public opinion on LGBTI humanrights. Government continues to clampdown on independent media, ensuringthat most voices and perspectives inmainstream media reflect the dominantviews of the State. Debates on the humanrights of LGBTI people tend to appear inmainstream media when LGBTI peoplehave been arrested, or during politicalcampaigns.Media coverage – that so powerfullyinfluences attitudes and mindsets –maintains narrow perspectives on LGBTIhuman rights in the public sphere.Newspapers reportedly fear losing profitsif they report on LGBTI issues positively.State-owned media tabloids carry storieslike Charles Kachikoti’s, headlined: “WhyHomosexuality should not be Legalized inZambia”.8This approach ensures media andgovernment discuss and portray SOGIissues based on limited knowledge. Inone report, the state-owned Zambia3.2 Religious Leaders and InstitutionsNational Broadcasting Corporation(ZNBC), privately owned Muvi TV, andseveral newspapers carried a story inwhich they consistently called an intersexbaby bisexual.9The absence of affirming and normalizingarticles in mainstream media, in additionto the lack of safety and security ofLGBTI people, has prompted LGBTIhuman rights groups towards digitalmedia. It is here that alternative voicesand perspectives, in stories, blogsand Facebook pages, can be heard.Personalities such as human rights, mediaand peace activist, Juliet Mphande, are atthe forefront of such efforts.In collaboration with LGBTI groups, theZambia Network of Religious LeadersLiving with or Personally Affected byHIV and AIDS (Zanerela ), an interfaithorganization, is involved in a programmecalled ‘Binaries and Boxes’ wherejournalists get to meet and engage indiscussion with LGBTI people towardsshifting dominant attitudes.Religious institutions in Zambia havebeen instrumental in shaping anti-LGBTIdiscourse. Evangelical Christianity’sinfluence,10 under the guidance ofPresident Chiluba, himself an EvangelicalChristian, ensured Zambia was declared aChristian nation in 1996.The Christian Council of Zambia (CCZ),Evangelical Fellowship of Zambia (EFZ)and Zambian Episcopal Fellowship(ZEC) are the major Christian bodiesrepresenting Protestant, Evangelical andRoman Catholic Churches in Zambia.These churches are all vocal about theunacceptability of same-sex practicesand believe homosexuality shouldremain illegal.A 2013 EU offer for financial supportto Zambian organizations wishing topromote LGBTI human rights, drewsharp reaction from EFZ, who indicatedsuch aid was not welcome, triggeringthe politics of sovereignty vs perceivedWestern agendas.11This severely constrained socio-politicaland cultural-religious environment hasexcluded the po
Given hostile social and political contexts little is known and researched on sexual orientation and gender identity (SOGI) in Zambia, although pockets of information are opening. legislative and policy environment 2 canaries in the coal mines – an analysis of spaces for LGBTI activism in Zambia 6 country report: Zambia
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