LGBT Rights in Lubombo
District

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History

Homosexual activity in Lubombo

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Homosexual activity in Lubombo is male illegal, female legal.

Current status
Since Feb 22, 1907
Male illegal, female legal
Sodomy in Eswatini is considered illegal under the 1907 Roman-Dutch common law, that Eswatini uses as their own. The common laws carry penalties ranging from death to lesser punishments as decided by the court. The term “sodomy” was defined by the courts as “unlawful and intentional sexual relations per anum between two human males.” However, punishment is not enforced, and The Minister of Justice has consistently stated that their policy is to refrain from prosecuting consenting adults.
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Same-sex marriage in Lubombo

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Same-sex marriage in Lubombo is unrecognized.

Current status
Unrecognized
The Marriage Act (1964) and the Births, Marriages and Deaths Registration Act (1983) do not expressly forbid same-sex marriages.

Censorship of LGBT issues in Lubombo

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Censorship of LGBT issues in Lubombo is state-enforced.

Current status
Since Feb 22, 1907
State-enforced
In Eswatini, there are no explicit laws restricting the discussion or promotion of LGBTQ+ topics. However, there have been cases as recent as 2022 ruling the NGOs for LGBTIQ+ rights cannot register as homosexuality is illegal since 1907.

Right to change legal gender in Lubombo

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Right to change legal gender in Lubombo is legal, but requires medical diagnosis.

Current status
Since 1983
Legal, but requires medical diagnosis
Section 8(3) of the Births, Marriages and Deaths Registration Act (1983) states:

"If after registration of birth, the change in any other particular of a person not provided for in this section has occurred, he, if he is twenty-one years of age, or either of his parents or his guardian of he is under twenty-one years of age, may apply to the Registrar directly or through respective district registrar or assistant district registrar for alteration of such a particular in the births register. Thereupon the Registrar shall, if satisfied that the applicant is competent to make the application and on production of documentary proof (in case of change of sex of the child medical certificate from the medical practitioner shall be produced) and on payment of the prescribed fee, cause the said particular of the person to be altered in the original birth information form filed in his office, but without erasing the original entry, and shall instruct the registration officer of the district or sub-district in which the birth of the person was registered to make a similar inscription in his births register and duplicate birth information form filed in his office."

The Act must be interpreted in accordance with the Children’s Protection and Welfar Act. Section 8(3) of the Act should be interpreted to provide for the change of sex or gender in the Register. The Act does not specify that ‘change of sex’ must happen in any specific way, nor does it require documentary proof only from a healthcare provider.

Gender-affirming care in Lubombo

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Gender-affirming care in Lubombo is legal.

Current status
Since 2016
Legal
The Eswatini Ministry of Health has recognised that transgender and gender diverse people are a vulnerable population with little access to healthcare, and thus has issued in 2016 a training manual to healthcare providers to increase knowledge about trans health and healthcare needs and thus to improve access to gender affirming care. (Improving access to
comprehensive health care services for key populations in Swaziland: Training manual for
healthcare providers)
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Legal recognition of non-binary gender in Lubombo

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Legal recognition of non-binary gender in Lubombo is not legally recognized.

Current status
Not legally recognized
There is no recognition in Eswatini.
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LGBT discrimination in Lubombo

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LGBT discrimination in Lubombo is illegal in some contexts.

Current status
Since 2017
Illegal in some contexts
There are explicit legal protections against hate speech based on sexual orientation in the media.

Section 10.2(2) on "Violence and Hate speech" of the Broadcasting Guidelines Services 2017. It apply to all Radio and Television broadcasting service providers.

Section 8(1)(d) of The Broadcasting (Content) Guidelines 2022. It apply to all broadcasters and content service providers.

LGBT employment discrimination in Lubombo

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LGBT employment discrimination in Lubombo is no protections.

Current status
No protections
There are no protections from discrimination in employment provided to LGBTIQ+ people in Eswatini.
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LGBT housing discrimination in Lubombo

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LGBT housing discrimination in Lubombo is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Eswatini.
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Same-sex adoption in Lubombo

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Same-sex adoption in Lubombo is single only.

Current status
Since Sep 6, 1968

Intersex infant surgery in Lubombo

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Intersex infant surgery in Lubombo is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Eswatini but not reported.
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Serving openly in military in Lubombo

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Serving openly in military in Lubombo is n/a.

Current status
N/A
Unknown as of May 9th 2023, They heard a court case in that day but it seems that nothing come of it
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Blood donations by MSMs in Lubombo

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Blood donations by MSMs in Lubombo is ambiguous.

Current status
Ambiguous
There are no official sources from the Ministry of Health regarding the requirements for donating blood.
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Conversion therapy in Lubombo

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Conversion therapy in Lubombo is not banned.

Current status
Not banned
Conversion therapy is legal in Eswatini and there have been reports of forced marriages and "corrective" rapes.

Equal age of consent in Lubombo

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Equal age of consent in Lubombo is female equal, male n/a.

Current status
Since Feb 22, 1907
Female equal, male N/A
The age of consent in Eswatini is 18 for heterosexual sex. However, sodomy is illegal in Eswatini so the age of consent is irrelevant for males. Regarding lesbian sex, due to there being no laws criminalizing it, the age of consent is also 18.