Gay Travel Advisory

Zambia

Penal Code Act amended by Act No. 15 from 2005

Sources
  1. Text of the law is available at: https://www.unodc.org/res/cld/document/zmb/1931/the_penal_code_act_html/Zambia_Penal_Code_Act_1930_as_amended_2005.pdf

Legal Code Text

Section 155 - “Any person who: (a) has carnal knowledge of any person against the order of nature; or [...] (c) permits a male person to have carnal knowledge of him or her against the order of nature; commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life.”

Section 156 - “ Any person who attempts to commit any of the offences specified in section one hundred and fifty-five commits a felony and is liable, upon conviction of not less than seven years but not exceeding fourteen years.”

Section 158 - “Any male who, whether in public or private, commits any act of gross indecency with a male [...] person, or procures a male [...] person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male [...] person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years. Any female who, whether in public or private, commits any act of gross indecency with a female [...] person, or procures a female [...] person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with himself or with another female [...] person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years.”

ILGA Analysis & Notes

Despite having received 11 recommendations – only one which was accepted (regarding “impartial investigations” on attacks against LGBT people) – Zambia made no mention of sexual orientation issues in its responses to the recommendations at its 2nd cycle UPR in December 2012. In reference to HIV/AIDS, it said that: “Protection and promotion of human rights was intended to be one of the guiding pillars in the construction and implementation of the new national HIV and AIDS policy”, but otherwise directly or indirectly no mention of SOGI-related content was referenced. Zambia’s 3rd cycle UPR will commence in November 2017. In April 2013, having spoken on national television about the need to repeal Articles 155, 156 and 158 of the Penal Code (which are categorised under ‘Offences Against Morality’), activist Paul Kasonkomona was arrested and stood before Lusaka Magistrates Court. On 25 February, the court acquitted him of charges of “soliciting for immoral purposes in a public place” (which is a Nuisance offence under Article 178(g) of the Penal Code), holding that the State has failed to present a sufficient case for the defence to answer resulting in the acquittal of Kasonkomona. The State appealed this ruling to the High Court. On 15 May 2015, Justice Mulongoti confirmed the acquittal of Kasonkomona and ruled that the State had not made out a case against Kasonkomona.

Continues to criminalise under Penal Code Sections 155/157. President Hakainde Hichilema publicly denied any plan to decriminalise (March 2023); a March 2023 women's-rights march was subject to police investigation after participants displayed rainbow imagery.