LGBT Rights in Southern Province

Southern is governed by federal Zambia law. Learn more
    Homosexuality
    ✖ Illegal (imprisonment as punishment)
    Gay Marriage
    ✖ Banned
    Censorship
    ✖ Imprisonment as punishment
    Changing Gender
    Ambiguous
    Gender-Affirming Care
    ✖ Banned
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    Ambiguous
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Don't Ask, Don't Tell
    Donating Blood
    N/A
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    N/A
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Public Opinion

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History

Homosexual activity in Southern

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Homosexual activity in Southern is illegal (imprisonment as punishment).

Current status
Since Sep 10, 2018
Illegal (imprisonment as punishment)
Liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for 14-15 years to life. Decriminalization pending.
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Nov 1, 1931–Sep 10, 2018
Male illegal, female legal
7-14 years to life in prison under unnatural/indecent acts. Not enforced.

Same-sex marriage in Southern

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Same-sex marriage in Southern is banned.

Current status
Since Feb 18, 2010
Banned
SSM Pending.
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Censorship of LGBT issues in Southern

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Censorship of LGBT issues in Southern 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".
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Right to change legal gender in Southern

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Right to change legal gender in Southern is ambiguous.

Current status
Ambiguous
Section 9(2) of the National Registration Act 19 of 1964 could possibly be used to change a person’s sex description.
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Gender-affirming care in Southern

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Gender-affirming care in Southern is banned.

Current status
Banned
In Zambia, gender-affirming care is prohibited.
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Legal recognition of non-binary gender in Southern

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Legal recognition of non-binary gender in Southern 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.
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LGBT discrimination in Southern

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LGBT discrimination in Southern is no protections.

Current status
Since Nov 1, 1931
No protections
As homosexuality is illegal, there are no protections for this population.
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LGBT employment discrimination in Southern

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LGBT employment discrimination in Southern is no protections.

Current status
No protections
There are no explicit legal protections in place.
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LGBT housing discrimination in Southern

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LGBT housing discrimination in Southern is ambiguous.

Current status
Since Nov 1, 1931
Ambiguous
Unknown.
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Same-sex adoption in Southern

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Same-sex adoption in Southern is illegal.

Current status
Illegal
Homosexuality is currently illegal.
Sources:
(See sources listed for homosexual activity.)
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Intersex infant surgery in Southern

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Intersex infant surgery in Southern is not banned.

Current status
Not banned
Not criminalized in Zambia.
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Serving openly in military in Southern

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Serving openly in military in Southern is don't ask, don't tell.

Current status
Don't Ask, Don't Tell
Homosexuality is illegal, but long as you don't mention that you are gay you are fine.
Sources:
(See sources listed for homosexual activity.)
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Blood donations by MSMs in Southern

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Blood donations by MSMs in Southern is n/a.

Current status
N/A
Unknown regulations
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Conversion therapy in Southern

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Conversion therapy in Southern is not banned.

Current status
Not banned
Conversion therapy is not banned.
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Equal age of consent in Southern

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Equal age of consent in Southern is n/a.

Current status
Since Sep 28, 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.
Sources:
Zambian Penal Code (Amendment) Act of 2003. parliament.gov.zm/downloads…
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