User:Ndongh10/LGBT rights in Zambia

Law regarding same-sex sexual activity

May 26th, 2020, current president of Zambia Edgar Lungu exercised the article 97 of the Zambia Constitution, which grants pardon to a convicted person. Among the 3000 convicted persons released from prison were Japhet Chataba and Steven Samba. In 2017, Japhet and Steven were found performing “activities against order of nature” by an unnamed employee of the lodge Steven and Japhet booked for the evening. The employee notified the local authorities after spying on the two men through a window. In 2019, Japhet and Steven were found guilty and sentenced to 15 years in prison. The sentencing came as a shock to Zambia’s U.S ambassador Daniel Lewis Foote, criticizing the conviction as "horrific."

President Edgar Lungu responded Mr. Foote’s criticism on ZNBC TV (see Zambia National Broadcast Corporation), that he had filed an official compliant to the American government and wanted Mr. Foote replaced because Mr. Foote interfered with internal affairs. By December 2019, Daniel Foote was relieved of his duties as Zambia’s U.S Ambassador. President Lungu upheld Zambia’s anti-LGBTQ laws in the Sky News interview:

“Even animals don’t do it, so why should we be forced to do it? Because we want to be seen to be smart, civilized, and advanced and so on.”

Despite the pardon given to Japhet and Steven, the legislation remains unchanged to protect and recognize same sex relations.

Recognition of same-sex relationships
Traditional leader Chief Madzimawe of the Ngoni, a tribal group presently located in Southern Africa region, expressed his opinion on gay relations:

“It is not a culture of Zambians, Africans and Ngonis' to practice homosexuality and gay people should be caged.”

Zambia’s refusal to recognize same-sex relations extends to Zambian prisons administered by the Zambian Prison Service (ZPS), under Zambia Ministry Home Affairs. According to the article published in 1996, Sexual Behavior and Issues of HIV/AIDS prevention in an African prison by Copperbelt University students’ Oscar Ozmund, Simooya, Nawa Sanjobo, W Sichilima, A Phiri. Out of the 432 male and female inmates interviewed at the Kamfinsa Prison in Zambia, 38 prisoners revealed to have engaged in same-sex activities, despite having heterosexual relationships outside prison. About 90% of prisoners were aware of AIDS and only 14% attended HIV/AIDS workshop in prison. The research found that prisons faced high risk of HIV/AIDS transmission. Yet, in 1990 the senior prison officer refused to distribute condoms as it would encourage homosexuality which was illegal. The banning of condoms to encourage safe sex among same-sex inmates continues to be supported by ZPS commissioner Perce Chato (2013). Chato acknowledged the rate of HIV/AIDS in prison was high at 27% in all facilities, according to the survey conducted five years prior. Chato defended his decision:

“We have an obligation to protect and promote the Republican Constitution. If we permit distribution of condoms its like we are contradicting the provisions of the Constitution which prohibit homosexuality.”

Chato’s solution was to inform prisoners about the high rate of HIV/ AIDS in the facilities and provide prison services that prevent same-sex relations. The “prison services” are yet to be disclosed by Chato. Other prison leaders agree with Chato's decision and prefer to find other methods to prevent Sodomy in Zambian Prisons.

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