Lesbian, Gay, Bisexual and Transgender Rights

Bela Ewald Althans Gay Celebrity

2011-10-03T04:12:00.000-07:00

Bela Ewald Althans (born 23 March 1966 in Hannover) is a German former neo-Nazi activist. Once the leading organiser in Germany's neo-Nazi underground Althans left the movement following his imprisonment in the 1990s and is no longer involved in political activism.

Early activism

Althans was born into a middle class family where he was taught to reject Nazism but rejected their views and from the age of thirteen was involved in neo-Nazi groups. He became a follower of Michael Kühnen and led the Hanover branch Action Front of National Socialists/National Activists until it was banned in 1983. Following Kühnen's imprisonment, by which time Althans had been thrown out of the family home by his parents, Althans went to live with Otto Ernst Remer in Bad Kissingen. Remer made Althans the youth leader of the Freedom Movement, a group that Remer had founded, and taught him about organising cell-based movements as well as introducing him to a number of leading figures on the international neo-Nazi scene. In 1988 Althans spent several months in the United States where he worked closely with Tom Metzger, appearing on his radio show where they discussed their mutual admiration for the antisemitism of Nation of Islam leader Louis Farrakhan.

Leading role

On 20 April 1990 Althans organised a Holocaust denial conclave in the Löwenbräukeller in Munich at which the guest of honour was David Irving. The evening consisted of both speechs and performances mocking the Holocaust. By this time Althans had broke from Remer, leading to personal bitterness between the two, and he sought to develop his own profile internationally, working closely with Yvan Blot in France and CEDADE in Spain. Within Germany Althans, working with Christian Worch, sought to expand neo-Nazi operations be it through working in secret with less underground groups that officially disavowed Nazism like the National Democratic Party of Germany and the German People's Union, reuniting the pro- and anti-Kühnen factions after his death or building stronger organisational bases in the former East Germany. Althans also allied himself to the Institute for Historical Review and attended a number of their conferences.

In the early 1990s the charismatic Althans emerged as a press representative for German neo-Nazism, taking advantage of his sophisticated rhetoric, his imposing personal appearance (6'4" tall) and his fluency in French and English. At the time he had his own office in a high-end district of Munich with a picture of Adolf Hitler displayed in the window. At a time when the use of computers for activism was still in its infancy Althans was able to use his own communications skills to utilise such tactics, notably in late August 1992 when he was able to arrange for hundreds of supporters to enter into Rostock at night in order to protest at a refugee apartment complex. The protest turned into a three day riot in which the complex was badly damaged by petrol bombs.

International links

Althans began to look for new allies in Eastern Europe and spoke at events for the veterans of the 14th Waffen Grenadier Division of the SS (1st Ukrainian) in Ukraine in 1993, whilst also making trips to Russia to open contact with Russian National Unity leader Alexander Barkashov. Althans' journeys were mostly funded by Holocaust denier Ernst Zündel and the two went to Russia together in August 1994 where relations with Barkashov and other far right leaders were cemented. The pair also met Vladimir Zhirinovsky, although Althans was unimpressed with the Liberal Democratic Party of Russia leader, suggesting that Zhirinovsky's anti-Semitism was merely opportunistic rather than ideological like his own.

Imprisonment

In December 1994 Althans was sent to prison for distributing a video that denied the Holocaust and, whilst still in jail, faced further charges relating to comments he made in a documentary about him, Beruf Neonazi , claming that Auschwitz concentration camp was little more than a holiday resort. During the trial Althans attempted to defend himself by claiming that he had renounced neo-Nazism and had been an agent for the Verfassungsschutz since 1991, whilst also getting witnesses to testify that he was bisexual. Ultimately his defence failed and he had an additional three and a half year sentence added on to that which he was already serving.

Post-activist life

Althans, who subsequently acknowledged his homosexuality, left the neo-Nazi scene following his release and disappeared altogether, later being reported as living under a new identity in Belgium. He subsequently gave his private papers from his neo-Nazi days to the International Institute of Social History in Amsterdam.

Brett Anderson Gay Celebrity

2011-10-03T04:07:00.000-07:00

Brett Lewis Anderson (born 29 September 1967) is an English singer-songwriter, best known as the lead vocalist of the band Suede. After Suede disbanded in 2003, he briefly fronted The Tears and released three solo albums. Suede reformed in 2010. In Suede's early days, Anderson's androgynous style and unique vocals were an instant phenomenon in the UK.

Early years: 1967-1988

Born in Haywards Heath, West Sussex into a working class family, Anderson's mother was an artist and his father was a classical music fan. He was brought up in a small council estate in Lindfield, a village adjoining Haywards Heath, attending Lindfield Junior School then Oathall Comprehensive School.

In his teens, Anderson played guitar for garage bands such as The Pigs and Geoff, the latter featuring future Suede bassist Mat Osman. In the late-1980s, Anderson and Osman formed Suede with Anderson's girlfriend, Justine Frischmann, soon recruiting guitarist Bernard Butler through an advertisement in the NME. After receiving percussional help from former Smiths drummer Mike Joyce, in 1991, Simon Gilbert joined Suede as their official drummer. It was around this time that Frischmann left Anderson for Blur frontman Damon Albarn, which created an early rift in the burgeoning Britpop scene of the early 1990s. After missing too many rehearsals and flaunting her relationship with Albarn while still living with Anderson, Frischmann was fired from the group, going on to front Elastica.

Suede: 1989-2003; 2010 onwards

Even before Suede's first album appeared in stores, Anderson's androgynous style and vague "confessions" about his sexuality stirred controversy in the British music press. His infamous comment that he was "a bisexual man who never had a homosexual experience" was indicative of how he both courted controversy and a sexually ambiguous, alienated audience. In 1993, Suede hit number one on the UK charts. Combining Morrissey's homoerotic posturing with David Bowie's glam theatrics, Anderson achieved instant fame in the UK. America, however, was still spellbound by the grunge revolution and Anderson's grim yodellings clashed with the raw anger of Nirvana's Kurt Cobain and Pearl Jam's Eddie Vedder. Furthering complications across the Atlantic, due to a trademark dispute with the American lounge singer Suede, the band were forced to change their name to The London Suede for the American market. Although the departure of songwriting partner Butler in 1994 during the recording of second album Dog Man Star (number three on the UK charts) led many to fear Suede's eventual demise, the band continued to release critically and ever increasingly commercially successful material in the UK, Europe and Asia, such as 1996's critically acclaimed Coming Up (another number one of the band). The band carried on to release Head Music (number one on the UK charts and in several countries) in 1999, but A New Morning was a commercial disappointment in 2002. In 2003, following the release of their "Singles" collection, Suede disbanded.

Anderson has commented that the history of Suede is "...ridiculous. It’s like Machiavelli rewriting Fear and Loathing in Las Vegas. It involves a cast of thousands. It should star Charlton Heston... it’s like a pram that’s just been pushed down a hill. It’s always been fiery and tempestuous and really on the edge and it never stops. I don’t think it ever will.” On his own, Anderson collaborated with Stina Nordenstam, and his guest vocals can be heard on the album This Is Stina Nordenstam and has made a duet with Jane Birkin in 1995 which appeared in 1998 Birkin's Best Of album. He also sang the lyric "You're going to reap just what you sow" in the Children in Need charity single "Perfect Day".

Following persistent rumours, the boss of the band's former label, Nude Records' Saul Galpern, confirmed to the NME that Suede would be playing together again. "It's a one-off gig," he explained of the show, which featured the band's second incarnation. The band will played London's Royal Albert Hall as part of the 2010 Teenage Cancer Trust shows.

Because of the huge success of the shows, a new European tour was announced for the summer of 2010, covering 2 festivals, Skanderborg Festival in Denmark and Parkenfestivalen in Norway, the tour continued in the autumn covering France, The Netherlands, Sweden, Germany and Belgium. A homecoming date at the The O2 Arena (London) closed the tour. Further festival dates have been announced for 2011, along with UK dates where Suede will perform their first 3 albums in full.

The Tears: 2004-2005

In 2004, Anderson and former Suede guitarist Bernard Butler briefly formed the band The Tears with Will Foster, Makoto Sakamoto and Nathan Fisher and released their debut album Here Come The Tears, which was met with mixed critical and popular reaction. It was produced by Butler and largely recorded at home, and featured the singles "Refugees" and "Lovers". Following the cancellation of a European tour in support of the album, the band were dropped by Independiente and the project was abandoned.

Anderson was close friends with Simon Hobart (promoter of Popstarz) and was the DJ at the benefit night held in Hobart's honour after his death.

Solo work: 2006-present

In May 2006, Anderson announced details of a solo album consisting of 11 tracks, which was released on 26 March 2007. He told NME that the title would be Brett Anderson since "...that's my name, you see." The accompanying video for Anderson's first single "Love Is Dead" debuted on UK television in February 2007, quickly finding its way to YouTube. "Love Is Dead" made its debut at #42 in the UK singles chart, and the album went to #54 the following week. The keyboardist-producer on his album is Fred Ball, and former Suede bass player Mat Osman joined the live band on tour.

In July 2007 Anderson modeled Nick Hart for Aquascutum's autumn/winter 2007 campaign photos on wallpaper.com

In May 2008 it was announced that Anderson's second album was to be premiered on 7 July in a special concert at London's mermaid theatre. A copy of the album, entitled Wilderness, was distributed to all ticket buyers, in the form of a USB stick. The album was recorded in only seven days, with most tracks recorded as live takes. He plays the piano and the acoustic guitars, and is accompanied by Amy Langley on cello. One of the songs "Back to You" written with Fred Ball of the Norwegian band Pleasure is a duet with French actress Emmanuelle Seigner.

Anderson's third album, Slow Attack was co-written with Leo Abrahams. On his website, Brett Anderson writes that he tried to use words in a different way, as fragments, and hint of meanings and emotions. The music is more orchestral than Wilderness with more instrumentation throughout the album. On tour, he was joined by Didz Hammond (Dirty Pretty Things), Angie Pollock (Goldfrapp), Sebastian Sternberg (Pleasure, Marina and the Diamonds), Kris Sonne and Amy Langley, thus giving the songs a more art-rock edge.

Black Rainbows - Anderson's fourth solo album will be released through BA Songs, distributed by EMI Music Service on 26th September 2011 which will be preceeded by the single "Brittle Heart". This will be second album Anderson has co-written with Leo Abrahams and sees a return to a simpler more commercial rock format.

Gay rights in Swaziland

2011-09-23T13:30:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Swaziland face legal challenges not experienced by non-LGBT residents.

Laws regarding same-sex sexual acts

Male same-sex sexual acts are illegal in Swaziland, whereas female same-sex sexual acts are legal.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that “societal discrimination against the LGBT community was prevalent, and LGBT persons generally concealed their sexual preferences." The report also found that "gays and lesbians who were open about their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system, which could result in eviction from one's home" and that "chiefs, pastors, and members of government criticized homosexual conduct as neither Swazi nor Christian."

Discrimination against gay and lesbian people in Swaziland is rife and extends to workplaces, the churches and even on to the streets.

This has been revealed in a submission to the United Nations review on human rights in Swaziland.

HOOP (House of Our Pride), a support group for Gay, Lesbian, Bisexual, Transgender and Inter-sex (GLBTI) people, reported, ‘It is a common scene for GLBTI to be verbally insulted by by-passers in public places. [There is] defamatory name calling and people yelling out to see a LGBTI person’s reproductive part are some of the issues facing GLBTI in Swaziland.’

‘Faith houses have been known to discriminate against GLBTI, advocating for the alienation of GLBTI in the family and society, while maintaining that these GLBTI are possessed by demons.’

HOOP also says GLBTI people are often discriminated against at work and there have been well known cases of this.

In one of the first reports of its kind detailing sexual orientation discrimination in Swaziland, HOOP reveals, ‘GLBTI are hugely discriminated against in the community, as they are not recognized at community meetings and their points are often not minuted at these meetings nor are they allowed to take part in community services.’

Police often ridicule GLBTI people if they report they have been victims of violent crime. ‘A good example of such practices is in the on-going case of a well-known GLBTI in Swaziland, Patricia Dludlu, who is currently in incarceration for a different offence but is constantly ridiculed by the media and police because of her sexuality.’

HOOP is calling on the Swaziland Government to include GLBTI issues in its agenda ‘as this will help to increase the acceptance of GLBTI, even at community levels’.

It also wants GLBTI activities to be decriminalized and given due recognition in society.

It says, ‘The government of Swaziland should bring into place laws that protect GLBTI people’s rights at workplaces, social, faith and community gatherings and also protect their right to inherit their partner’s belonging, if willed to them on their partner’s passing away.’

Gay rights in South Africa

2011-09-23T13:18:00.000-07:00

South Africa has a diverse history when it comes to the legal and social status of lesbian, gay, bisexual, and transgender (LGBT) people as a result of traditional South African mores, western imperialism, Apartheid and the human rights movement that contributed to the down fall of apartheid. South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation, and on 1 December 2006 South Africa made history by becoming the fifth country in the world, and the first in Africa, to legalise same-sex marriage.

History

In 1872, Sodomy was a common law crime in South Africa, defined as oral or anal sex between men. A 1957 law prohibited men from engaging in any erotic conduct when there were more than two people present. In the 1970s – 1980s, LGBT activism was among the many human rights movements in the nation, with some groups only dealing with LGBT rights and others advocating for a broader human rights campaign. In 1994, male same-sex conduct was legalised, female same-sex conduct never having been illegal (as with other former British colonies). At the time of legalisation, the age of consent was set at 19 for all same-sex sexual conduct, regardless of gender. In May 1996, South Africa became the first jurisdiction in the world to provide constitutional protection to LGBT people, via section 9(3) of the South African Constitution, which disallows discrimination on race, gender, sexual orientation and other grounds. As of 1 January 2008, all provisions that discriminate have been formally repealed. This included introducing an equalised age of consent at 16 regardless of sexual orientation, and all sexual offences defined in gender-neutral terms.

Apartheid

The Apartheid government was hostile to the human rights of LGBT South Africans. Homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political activists.

Despite opposition, several South African gay rights organisations formed in the late 1970s, during the time when the ruling National Party strengthened the national sodomy law in 1976. However, until the late 1980s gay organisations were often divided along racial lines and the larger political question of apartheid. The Gay Association of South Africa was a predominantly white organisation that initially avoided taking an official position on apartheid, while the Rand Gay Organization was founded as being multi-racial and in opposition to the racist political system of apartheid.

From the 1960s to the late 1980s, the South African Defense Force forced white gay and lesbian soldiers to undergo various medical "cures" for their sexual orientation, including sex change operations. The treatment of gay and lesbian soldiers in the South African military was explored in a 2003 documentary film, titled Property of the State.

Conservative social attitudes among both white and black populations are traditionally unfavourable to homosexuality; such attitudes have persisted to some degree in post-Apartheid society.

To some extent, the outbreak of the HIV-AIDS epidemic in South Africa, forced LGBT South Africans to reveal their sexual orientation, in order to be able together to fight the spread of the disease and to ensure that those that are infected have access to life-saving medicines.

Post-Apartheid

In 1993 the African National Congress endorsed legal recognition of same-sex marriages, and the interim constitution opposed discrimination on the basis of sexual orientation. These provisions were kept in the new constitution, approved in 1996, due to the lobbying efforts of LGBT South Africans and the support of the African National Congress. As a result, South Africa became the first nation in the world to explicitly prohibit discrimination based on sexual orientation in its constitution. Two years later, the Constitutional Court of South Africa ruled in a landmark case that the law prohibiting homosexual conduct between consenting adults in private violated the Constitution.

In 1998, Parliament passed the Employment Equity Act. The law protects South Africans from labour discrimination on the basis of sexual orientation, among other categories. In 2000, similar protections were extended to public accommodations and services, with the commencement of the Promotion of Equality and Prevention of Unfair Discrimination Act

In December 2005, the Constitutional Court of South Africa ruled that it was unconstitutional to prevent people of the same gender from marrying when it was permitted to people of the opposite gender, and gave the South African Parliament one year to pass legislation which would allow same-sex unions. In November 2006, Parliament voted 230:41 for a bill allowing same-sex civil marriage, as well as civil unions for unmarried opposite-sex and same-sex couples. However, civil servants and clergy can refuse to solemnise same-sex unions. Not all ANC members supported the new law. Current South African President Jacob Zuma was among its most outspoken opponents.

Legal rights

South Africa's Constitution forbids discrimination on the basis of sex, gender or sexual orientation, both by the state and by private parties. The Constitutional Court has indicated that these protections must be broadly interpreted, and that they extend to prohibit discrimination against transgendered people. These constitutional protections have been reinforced by the jurisprudence of the Constitutional Court and various statutes enacted by Parliament.

Legality of same-sex sexual activity

The common-law crimes of sodomy and "commission of an unnatural sexual act" in South Africa's Roman-Dutch law were declared to be unconstitutional (and therefore invalid) by the Witwatersrand High Court on 8 May 1998 in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice, and this judgment was confirmed by the Constitutional Court on 9 October of the same year. The ruling applied retroactively to acts committed since the adoption of the Interim Constitution on 27 April 1994.

Despite the abolition of sodomy as a crime, the age of consent for same-sex activities remained set at 19, whereas for opposite-sex activities it was 16. This was rectified by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, which comprehensively reformed the law on sex offences to make it gender- and orientation-neutral, and set 16 as the uniform age of consent. In 2008, even though the new law had come into effect, the former inequality was declared to be unconstitutional in the case of Geldenhuys v National Director of Public Prosecutions, again with retroactivity to 27 April 1994.

Anti-discrimination laws

The equality clause of the Constitution is itself enforceable against the state and private parties. It has been supplemented by the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), which similarly forbids discrimination on grounds including sex, gender or sexual orientation, and establishes a system of Equality Courts to enforce the prohibition. The Employment Equity Act and the Rental Housing Act specifically forbid discrimination in employment and housing, respectively.

The PEPUDA prohibits hate speech and harassment based on any of the prohibited grounds of discrimination. South Africa does not have any hate crime penalty-enhancement laws. In August 2011 the Department of Justice established a task force to address the issue of hate crimes against LGBT people.

Men who have sex with men are permitted to donate blood after six months of celibacy.

Recognition of same-sex relationships

On 1 December 2005, in the case of Minister of Home Affairs v Fourie, the Constitutional Court ruled that it was unconstitutional for the state to deny to same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation. On 30 November 2006 the Civil Union Act came into force; despite its title it does provide for same-sex unions to be called marriages. Indeed, the act allows both same- and opposite-sex couples to contract unions, and allows a couple to choose to call their union either a marriage or a civil partnership. Whichever name is chosen, the legal consequences are the same as those under the Marriage Act (which allows only for opposite-sex marriages).

Prior to the introduction of same-sex marriage, court decisions and statutes had recognized permanent same-sex partnerships for various specific purposes, but there was no system of domestic partnership registration. The rights recognised or extended by the courts include the duty of support between partners, immigration benefits, employment and pension benefits, joint adoption, parental rights to children conceived through artificial insemination, a claim for loss of support when a partner is negligently killed, and intestate inheritance. Rights extended by statute include protections against domestic violence and the right to family responsibility leave.

Parenting and adoption

A number of High Court judgments have determined that the sexual orientation of a parent is not a relevant issue in decisions on child custody.

In 2002 the Constitutional Court's ruling in Du Toit v Minister of Welfare and Population Development extended to same-sex partners the same rights as married spouses, giving the ability to adopt children jointly and the ability for one partner to adopt the other's children. The adoption law has since been replaced by the Children's Act, 2005, which allows adoption by spouses and by "partners in a permanent domestic life-partnership" regardless of orientation.

In 1997, artificial insemination, which was previously limited to married women, was made legal for single women including lesbians. In the 2003 case of J v Director General, Department of Home Affairs the Constitutional Court ruled that a child born by artificial insemination to a lesbian couple was to be regarded as legitimate, and that the partner who was not the biological parent was entitled to be regarded as a natural parent and to be recorded on the child's birth certificate.

Military service

LGBT people are allowed to serve openly in the South African National Defence Force (SANDF). In 1996 the government adopted the White Paper on National Defence, which included the statement that, "in accordance with the Constitution, the SANDF shall not discriminate against any of its members on the grounds of sexual orientation." In 1998 the Department of Defence adopted a Policy on Equal Opportunity and Affirmative Action, under which recruits may not be questioned about their sexual orientation and the Defence Force officially takes no interest in the lawful sexual behaviour of its members. In 2002 the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership".

Gender transition laws

The Alteration of Sex Description and Sex Status Act allows transsexual and intersex people to apply to have their sex status altered in the population registry, and consequently to receive identity documents and passports indicating their new sex. In the case of transsexual people it requires them to have undergone medical or surgical treatment before applying.

Living conditions

Although the Constitutional and legal system in South Africa theoretically ensure equality, social acceptance is generally lacking, especially outside of urban areas.

In 1998, the then National Party leader denied accusations that he had paid a man for sex, by stating that he was a "Boerseun" (farmer's son), implying that homosexuality was not something to be found among Afrikaners. South African gay rights organisations called for an apology.

There have been a number of cases in which gay women have been the victims of murder, beating or rape. This has been posited, in part, to be because of the perceived threat they pose to traditional male authority. South Africa has no specific "hate crime" legislation; human rights organisations have criticised the South African police for failing to address the matter of bias motivated crimes. For example, the NGO ActionAid has condemned the continued impunity and accused governments of turning a blind eye to reported murders of lesbians in homophobic attacks in South Africa; as well as to so-called “corrective” rapes, including cases among pupils, in which cases the male rapists purport to raping the lesbian victim with the intent of thereby “curing” her of her sexual orientation. Human rights watchdogs believe that much of the sexism and homophobia that erupts is tied to male frustration with unemployment and poverty.

Despite the occasional incidents of homophobia, gay people in major urban areas, such as Johannesburg, Pretoria, Durban and Cape Town, are fairly accepted, and all of these cities have a thriving gay night-life. Cultural, arts, sports and outdoor activities play a major part in everyday South African gay life. Annual Gay pride events are held in both Johannesburg and Cape Town. Smaller cities such as Bloemfontein, Port Elizabeth and East London, too, cater for gay people. Knysna hosts the yearly Pink Loerie Mardi Gras, which attracts gay people from all over the country.

Locally produced television programmes also focus on gay life. The locally produced soap opera Egoli featured a long term gay relationship.

South Africa, due to its reputation as Africa's most gay-friendly destination, attracts thousands of LGBT tourists annually. The official South African Tourism site offers in depth travel tips for the gay traveller. Gay-friendly establishments are situated throughout South Africa and may be found on various gay travel websites.

Gay professionals are employed at major corporate companies throughout the country. Homosexuals are also targeted through various marketing campaigns, as the corporate world recognises the value of the "Pink Rand".

Prominent religious leaders have voiced their support for the South African LGBT community. Archbishop Desmond Tutu and Dr. Allan Boesak are vocal supporters of gay rights in South Africa. Even the conservative Dutch reformed church ruled that gay members should not be discriminated against and could hold certain positions within the church. However, much criticism of the church still exists; a court has ruled against a church congregation, for firing a gay musician; the issue provoked much uproar from the gay community and within liberal circles.

The U.S. Department of State's 2010 Human Rights Report found that “rights groups reported that the LGBT community was subject to societal abuses including hate crimes, gender violence targeting lesbians, and killings."

Same-sex marriage in South Africa

Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal. South Africa is the fifth country, the first in Africa, the second outside Europe, and the first republic to legalize same-sex marriage.

Both the Interim Constitution, which came into force on 27 April 1994, and the final Constitution, which replaced it on 4 February 1997, forbid discrimination on the basis of sex, gender or sexual orientation. These equality rights formed the basis for a series of court decisions granting specific rights to couples in long-term same-sex relationships:

Langemaat v Minister of Safety and Security (1998) recognised the reciprocal duty of support between same-sex partners, and extended medical insurance benefits.
National Coalition for Gay and Lesbian Equality v Minister of Home Affairs (1999) extended immigration benefits to foreign partners of South African citizens.
Satchwell v President of the Republic of South Africa (2002) extended remuneration and pension benefits.
Du Toit v Minister of Welfare and Population Development (2002) allowed same-sex couples to adopt children jointly.
J v Director-General of Home Affairs (2003) allowed both partners to be recorded as the parents of a child conceived through artificial insemination.
Du Plessis v Road Accident Fund (2003) recognised the claim for loss of support when a same-sex partner is negligently killed.
Gory v Kolver NO (2006) allowed inheritance of the estate of a partner who died intestate.

Marriage laws in South Africa

Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), the Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous tribes, and the Civil Union Act (Act 17 of 2006). South Africans may choose in terms of which of these laws they wish to be married, but may be married in terms of only one at a given time.

Same-sex marriages are only allowed in terms of the Civil Union Act. Couples marrying in terms of the Civil Union Act may choose whether their union is called a civil partnership or a marriage partnership. Couples joined in a marriage partnership in terms of that act enjoy the same privileges as couples married in terms of the Marriage Act.

If it can be proven that a couple is married in terms of any of these three acts, that marriage is legally valid and may not be regarded as an invalid marriage or a non-marriage by anyone or any organisation. It is therefore illegal for any organisation to treat any such married persons as if they were unmarried.

Provisions for marriage officers

A person who is a marriage officer in terms of the Marriage Act, and who has an objection of conscience, religion or belief to marrying same-sex couples, may object to the government in writing, after which he or she will be granted exemption from having to perform such marriages. A person who is a marriage officer in terms of the Civil Union Act will not be exempted from performing same-sex marriages. Such an objector may, however, give up their office as marriage officer altogether by resigning from whichever organisation they belong to by virtue of which they are a marriage officer, or if said organisation as a whole requests from the government that their members no longer be recognised as marriage officers by virtue of their membership to that organisation.

Gay rights in Namibia

2011-09-23T13:09:00.000-07:00

Namibia has had a troubled history in regards to the protection of the rights and civil liberties of lesbian, gay, bisexual, and transgender (LGBT) citizens. Sodomy is illegal in Namibia, and is punishable with prison time. Furthermore, statements by government leaders, such as Sam Nujoma and Jerry Ekandjo, concerning gays and lesbians have drawn both domestic and international condemnation.

However, LGBT rights groups, such as Sister Namibia and Rainbow Project, operate freely in Namibia's major cities, even though they have been frequented by anti-gay attacks since independence in 1990. There is no information on the history of the LGBT citizenry prior to 1990.

Lesbian, gay, bisexual, and transgender (LGBT) Namibians live and work in difficult circumstances. Sodomy remains illegal in Namibia and rather than fulfilling its duty to protect LGBT people, the government has helped fuel anti-LGBT violence. In 1996, former President Sam Nujoma stated at the opening of a SWAPO (ruling party) Women’s Congress that, “Homosexuals must be condemned and rejected in our society.” In a 2001 speech at the University of Namibia, his attacks went further. Nujoma said, “The Republic of Namibia does not allow homosexuality [or] lesbianism here. Police are ordered to arrest you and deport you and imprison you.” To this day, the Namibian LGBTI community experiences widespread social exclusion and rejection. As one member of the community told us, “When we walk down the street, people call us names. One transwoman was even beaten by seven people but the police dismissed the case as a general attack and not a hate crime.”

Although for many years, there was a strong LGBT movement in Namibia responding to such attacks, a gap formed as the organizations then leading the movement folded or shifted their focus. In response, community members and activists came together in March 2010 to form Outright Namibia (ORN) – headquartered in Windhoek with a network of regional leaders and support groups. As the one-year organization works to rebuild the LGBT movement in Namibia, ORN decided to partner with IGLHRC in designing and delivering a two-day training focused on human rights documentation. ORN and Executive Director Linda Baumann rightly reasoned that if they have strong documentation about what LGBT people experience in their daily lives, they will be in a better position to understand those challenges and identify avenues for change.

The training finally occurred February 19th and 20th and was attended by twenty-five people including seven LGBT community facilitators from around Namibia, thirteen LGBT activists from Windhoek, and five allies from other organizations. Organizations represented included Positive Vibes, an HIV/AIDS organization, the Legal Assistance Centre, a public interest law firm, and the Namibian Planned Parenthood, a sexual health services provider. The agenda, designed to take account of the specific context of Namibia, covered LGBT rights in Namibia and the challenges faced by defenders of those rights before moving on to particular skills training.

The training began by examining the current state of LGBT rights in Namibia. Unfortunately the sodomy law, essentially a Roman-Dutch law imposed when Namibia was under South African rule, has been in existence since 1927 and was strengthened in 1980 by the “Combating of Immoral Practices Act.” Sadly even where progressive, rights-affirming law was on the books this has been removed. This was the case with the Labor Act that had contained a prohibition of discrimination on the basis of sexual orientation – in 2004, Namibia moved backwards by removing this reference. Perhaps unsurprisingly, the training participants were critical of the legal framework.

Participants were then given an opportunity to learn about the mainstream human rights provisions of Namibian law and to understand more about the application of fundamental rights. The session revealed how unaware many community members were about their basic rights and how to assert those rights. One participant, a community facilitator from outside of Windhoek, shared her strategy: she memorized the parts of Namibian law that apply most directly to her as a transwoman. When police harass her, she is prepared. This prompted a discussion about the importance of knowing your rights, which the Legal Assistance Centre helped move forward by showing up the next day with pocket-sized versions of the Namibian Constitution. These conversations also made apparent that many human rights violations on the basis of sexual orientation and gender identity had happened to the people in the room, however very few had been reported. People shared their stories of surviving violence, police misconduct, denial of health care and discrimination in schools. Everyone agreed that the lack of documentation made it difficult to seek justice and redress.

According to Jacobus Witbooi, sexual minorities coordinator for the Czech NGO People in Need, which is sponsoring the march, Ada Ma/Hao will focus on “enhancing empowerment of marginalized sexual minorities in areas of human rights and HIV/AIDS.”

Sodomy is illega in Namibia, though LGBT rights groups like Sister Namibia and Rainbow Project operate freely in the country’s major cities. The last sodomy case was tried in the late 80s.

Gay rights in Lesotho

2011-09-23T13:04:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Lesotho face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Lesotho, but female same-sex sexual activity is legal.

Laws regarding same-sex sexual acts

Male same-sex sexual acts are illegal in Lesotho—a sharp contrast to South Africa, which completely surrounds the country.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation or gender identity.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "it was unknown whether lesbian, gay, bisexual, and transgender (LGBT) persons faced discrimination in employment, housing, access to health care, access to education, or other areas. Homosexual conduct is taboo in society, and is not openly discussed. There were no reports of violence against LGBT persons during the year."

Gay rights in Zimbabwe

2011-09-23T12:57:00.000-07:00

LGBT rights in Zimbabwe are dominated by the fact that male same-sex sexual activity is illegal in Zimbabwe under laws which date to the Rhodesian and British colonial eras. Since 1995, the government has carried out campaigns against both homosexual men and women.

Law regarding same-sex sexual activity

Common law prohibitions include sodomy, defined as the "unlawful and intentional sexual relations per anum between two human males" as well as unnatural offences, defined as the unlawful and intentional commission of an unnatural sexual act by one person with another person. Section 11 of The Censorship and Entertainments Control Act, which provides that no person shall import, print, publish, distribute, or keep for sale any publication which is undesirable (defined as "indecent or obscene or is offensive or harmful to public morals or is likely to be contrary to public health." has been used to harass LGBT people and activists.

Laws passed in 2006 criminalize any actions perceived as homosexual. The Zimbabwean government has made it a criminal offense for two people of the same sex to hold hands, hug, or kiss. The "sexual deviancy" law is one of 15 additions to Zimbabwe's Criminal Code quietly passed in Parliament. The sections involving gays and lesbians are part of an overhaul of the country's sodomy laws. Before then, laws against sodomy were limited to sexual activity, and the revised law now states that sodomy is any "act involving contact between two males that would be regarded by a reasonable person as an indecent act."

2002 asylum attempt

In 1998, William Kimumwe, facing sodomy charges, fled Zimbabwe for Kenya. In 2002, he arrived in the United States seeking asylum, which was denied by an immigration judge. In 2005, the U.S. Court of Appeals for the Eighth Circuit in the state of Missouri upheld the immigration judge's decision. A two-judge majority believed Kimumwe's experiences in Zimbabwe were the result of his actions, not his sexual orientation.

Mugabe administration

Robert Mugabe, president of Zimbabwe since 1987, has actively carried out actions against LGBT people and spoken out in public against homosexuality.

Mugabe received worldwide criticism for comments he made on 1 August 1995 after coming across a stall set up by the Association of Gays and Lesbians of Zimbabwe (GALZ) at the country's annual International Book Fair in Harare. GALZ, founded in 1989 to facilitate communication within the gay community, had not received much attention from the government beforehand. Mugabe's comments after seeing the stall at the book fair were:“

"I find it extremely outrageous and repugnant to my human conscience that such immoral and repulsive organizations, like those of homosexuals, who offend both against the law of nature and the morals of religious beliefs espoused by our society, should have any advocates in our midst and elsewhere in the world."

Two weeks later during Zimbabwe's annual independence celebrations Mugabe proclaimed:“

"It degrades human dignity. It's unnatural, and there is no question ever of allowing these people to behave worse than dogs and pigs. If dogs and pigs do not do it, why must human beings? We have our own culture, and we must re-dedicate ourselves to our traditional values that make us human beings. … What we are being persuaded to accept is sub-animal behavior and we will never allow it here. If you see people parading themselves as Lesbians and Gays, arrest them and hand them over to the police!"

Since then, President Mugabe has increased the political repression of homosexuals under Zimbabwe's sodomy laws. Mugabe has blamed gays for many of Zimbabwe's problems and views homosexuality as an "un-African" and immoral culture brought by colonists and practiced by only "a few whites" in his country. During his 82nd birthday celebrations, Mugabe told supporters to "leave whites to do that." Mugabe has instructed journalists, most of whom work for state-owned institutions, to report unfavorably about gay relationships. Some critics believe that Mugabe is using gays as a scapegoat to deflect attention from Zimbabwe's economic problems.

GALZ has been the target of infiltration by government spies and extortion attempts by both strangers and casual acquaintances. Homosexuals have been repeatedly bribed, detained, beaten and sometimes raped by the authorities. The Central Intelligence Organisation has reportedly been used to beat and arrest homosexuals.

In 1996, former President Canaan Banana was arrested based on accusations made during the murder trial of his former bodyguard, Jefta Dube, and found guilty of eleven charges of sodomy, attempted sodomy and indecent assault in 1998. He was sentenced to 10 years in prison, defrocked, and served 6 months in an open prison.

In 1999, British gay rights activists, led by Peter Tatchell, attempted a citizen's arrest of Mugabe for the crime of torture. In 2001, Tatchell again tried to arrest the president in Brussels but was beaten unconscious by Mugabe's security guards.

Living conditions

Homosexuality is highly taboo in the socially conservative country and Mugabe's anti-gay stance resonates with many Zimbabweans. Gays and lesbians in Zimbabwe are threatened by violence and suicide attempts are common among the gay community. A few nightclubs in urban areas such as Harare and Bulawayo are tolerant of gay customers. Gay prostitution is known to be solicited in some Harare clubs.

In some Shona tribes, there is a belief that a man having sex with another man, particularly a younger one, can bring good fortune to the senior partner.

HIV/AIDS

HIV and AIDS has plagued the population of Zimbabwe, and many cannot afford antiretroviral drugs. At present, GALZ is one of the few lobby groups in Zimbabwe with an active AIDS treatment plan. The association intends to have all its registered members take an HIV test. It also distributes posters warning people about the ways in which gays are vulnerable to AIDS.

Gay rights in Zambia

2011-09-23T12:51:00.000-07:00

Lesbian, gay, bisexual, and transgender persons in Zambia face legal challenges not faced by non-LGBT citizens. Same-sex sexual activity is illegal for both males and females in Zambia.

Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial master upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality.

Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. In 1999, the non-governmental organisation organisation Zambia Against People with Abnormal Sexual Acts (ZAPASA) formed to combat homosexuality and homosexuals in Zambia.

Arguably the largest recipient of Fundamentalist Evangelical missionaries during British colonial times, societal attitudes towards homosexuality heavily mirror these influences. A 2010 survey revealed that only 2% of Zambians find homosexuality to be morally acceptable; nine points below the figure recorded in Uganda (11% acceptance).

Law regarding same-sex sexual activity

Same-sex sexual activity is proscribed by Cap. 87, Sections 155 through 157 of Zambia's penal code.

Section 155 ("Unnatural Offences") classifies homosexual sex (in the vague description "carnal knowledge of any person against the order of nature") as a felony punishable by imprisonment for 14 years.

Any person who- (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony and is liable to imprisonment for fourteen years.

Section 156 imposes imprisonment for seven years for any "attempt to commit unnatural offences". Finally, Section 157 applies to "any act of gross indecency" committed between males, "whether in public or in private", and classifies such acts as felonies punishable by imprisonment for five years. The provision also extends to "attempts to procure the commission of any such act [of gross indecency]".

Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another 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, is guilty of a felony and is liable to imprisonment for five years.

Although Zambia's penal code contains no explicit reference to consensual sex between females, Cap. 87, Section 155 legally covers lesbianism.

Recognition of same-sex relationships

Zambia provides no recognition of same-sex couples. In 2006, Home Affairs Minister Ronnie Shikapwasha stated that Zambia would never legalise same-sex marriage, claiming that it is a sin that goes against the country's Christian status (see Religion in Zambia). In February 2010, the National Constitutional Conference (NCC) unanimously agreed to adopt a clause that expressly forbids marriage between people of the same sex.

Discrimination protections

There is no explicit legal protection against discrimination based on sexual orientation in Zambia. The Constitution of 1991, as amended by Act no. 17 of 1996, contains an anti-discrimination clause, present in Article 23 of the document. According to Article 23(1), "no law shall make any provision that is discriminatory either of itself or in its effect". Article 23(2) further prohibits discrimination "by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority", and Article 23(3) defines discrimination as extending to differential treatment of persons on the basis of "race, tribe, sex, place of origin, marital status, political opinions, color or creed".

Living conditions

According to a report submitted to the United Nations Human Rights Committee by Global Rights and the International Gay and Lesbian Human Rights Commission, the criminalization of consensual homosexual sex in Zambia "has a devastating impact on same-sex practicing people in Zambia". The report asserts that LGBT people are subject to arbitrary arrest and detention, "discrimination in education, employment, housing, and access to services", and extortion–often with the knowledge or participation of law enforcement authorities.

According to a report by Behind the Mask, a non-profit organisation organisation dedicated to LGBT affairs in Africa, most LGBT people in Zambia are closeted due to fear of targeting and victimisation. Lesbians are especially vulnerable, according to the report, due to the patriarchal structure of Zambian society.

The U.S. Department of State's 2010 Human Rights Report found that “the government enforced the law that criminalizes homosexual conduct and did not respond to societal discrimination" and that "societal violence against homosexual persons occurred, as did societal discrimination in employment, housing, and access to education or health care."

Restrictions on advocating for LGBT rights

The Zambian government does not permit advocacy of LGBT rights.

In 1998, in a statement to the National Assembly of Zambia, Vice President Christon Tembo called for the arrest of individuals who promote gay rights, citing a need to "protect public morality". President Frederick Chiluba described homosexuality as "unbiblical" and "against human nature". Later, Home Affairs Minister Peter Machungwa ordered the arrest of any individual or group attempting to formally register a gay rights advocacy group. Herbert Nyendwa, the Registrar of Societies, stated that he would refuse to register any LGBT organisation or civic group.

HIV/AIDS

As of July 2007, no public or private programmes provide HIV-related counselling to homosexual men in Zambia, where the HIV seroprevalence rate among adults is approximately 17%. Although men involved in same-sex sexual relationships have a higher risk of HIV transmission, the government-operated National AIDS Control Program does not address same-sex relationships.

In June 2007, the Zambian Ministry of Health agreed to conduct, together with the Centers for Disease Control and Prevention and Society for Family Health under Population Services International, an assessment to evaluate HIV and AIDS prevalence and transmission among gay men.

Gay rights in Tanzania

2011-09-23T12:46:00.000-07:00

Homosexuality in Tanzania is socially a taboo topic and same-sex sexual acts are punished by the state.

According to the 2007 Pew Global Attitudes Project, an overwhelming majority of 95% of Tanzanian residents said that homosexuality should be rejected by society, making it among the highest rejection of homosexuality in the 44 countries surveyed.

Law regarding same-sex sexual activity

In Tanzania, sex acts between men are illegal, and carry a penalty of Life imprisonment. Sex acts between women are not mentioned in Tanzanian law, though the autonomous region of Zanzibar outlaws same-sex sexual acts for both men and women.

Penal Code Act 1945 (revised 1998)

§ 138A (sexually neutral)

“Any person who, in public or private commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, is guilty of an offence and liable on conviction to imprisonment for a term not less than one year and not exceeding five years or to a fine not less than one hundred thousand and not exceeding three hundred thousand shillings; save that where the offence is committed by a person of eighteen years of age or more in respect of any person under eighteen years of age, a pupil of a primary school or a student of secondary school the offender shall be liable on conviction to imprisonment for a term not less than ten years, with corporal punishment, and shall also be ordered to pay compensation of all amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person.”

§ 154 (sexually neutral)

(1) Any person who- (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years. (2) where the offence, under subsection (1) of this section is committed to a child under the age of ten years the offender shall be sentenced to life imprisonment.

§ 157

“Any male person who, in public or private- (a) commits any act of gross indecency with another male, or (b) procures another male person to commit any act of gross indecency with him, or (c) attempts to procure a male to commit an indecent act to him, is guilty of an offence and may be sentenced to five years of imprisonment.”

Other: § 155 prohibits “attempts” to commit offence specified in § 154 [20 years]

Zanzibar

In Zanzibar, an autonomous island which is part of Tanzania, the law was changed in 2004 to clarify the legality of homosexual acts. While sodomy and "unnatural acts" were already illegal, the new law imposes a penalty of 25 years in prison for sex acts involving two males or seven years in prison for sex acts involving two women. A homosexual sex act with a minor carries a penalty of life in prison.

The above needs to be clarified. Prior to 2004 amendment of the law, homosexual acts could have been punished up to death penalty. Effectively the previous law was an old British colonial law and due to the sensitivity of the topic the ruling party could not abrogate the said law but merely decided to reduce the sentence from death penalty to a maximum life jail term.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation.

Living conditions

Tanzania has no organized gay community. There are no gay bars, although there are places where gay men meet, and lesbians are even less visible than gay men.

The traditional view of homosexuality assumes one man, the msenge, will play the role of a female (for money or because he is impotent, not because he wants to), while the basha, the dominant partner, is assumed to have relations with women as well as men. The msenge is more heavily stigmatized than the basha by Tanzanian tradition.

In 2003, over 300 Tanzanians protested against the arrival of a gay tour group.

In 2004, several Islamic groups in Zanzibar began an effort to cleanse the nation of activities it considered sinful, including homosexuality, which resulted in changes in the law which imposed harsher penalties for homosexual sex acts.

The U.S. Department of State's 2010 Human Rights Report found that “gays, lesbians, bisexual, and transgendered (LGBT) persons faced societal discrimination, which restricted their access to healthcare, housing, and employment."

Gay rights in Uganda

2011-09-23T12:32:00.000-07:00

Lesbian, gay, bisexual, transgender (LGBT) persons in Uganda have virtually no orientation-related protections at all. Both male and female homosexual activity is illegal. Prior to 2000, only male homosexuality was criminalized, then in 2000 under the Penal Code Amendment (Gender References) Act 2000 all references to "any male" was changed to "any person" so that lesbianism was also criminalized as well.

As do many other countries in Africa, Ugandan culture regards homosexuality as taboo. In spite of this, BBC News estimates that roughly half a million LGBT people in the country. According to the Pew Global Attitudes Project poll in 2007, 96% of Ugandans said that homosexuality should be rejected by society, making it one of the highest rejection of homosexuality in the 45 countries surveyed. A poll conducted in 2010, however, in the wake of Uganda's anti-homosexuality bill, revealed that 11% of Ugandans viewed homosexuality as being morally acceptable, while only 2% of respondents (per country) in Cameroon, Kenya, and Zambia found homosexuality to be morally acceptable.

A new bill has been introduced to parliament, providing for harsher penalties for homosexuals, including the death penalty for "repeat offenders."

History

King Mwanga II of Buganda's 1886 persecution of Christian pages was largely motivated by their rejection of his sexual advances.

Laws prohibiting homosexual activity were first put in place under British colonial rule in the 19th century. Such laws were retained following independence and enshrined in the Penal Code Act of 1950:

§ 145 (sexually neutral)

“Any person who— (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.”

§ 148 (sexually neutral)

“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.”

Other: § 146 prohibits “attempts“ to commit offence specified in § 145 [7 years]

Homosexuality has been referred to as "carnal knowledge of another against the order of nature" by the Ugandan government.

Ban on same-sex marriages

On 29 September 2005, President Yoweri Museveni signed into law a constitutional amendment prohibiting same-sex marriage, making Uganda the second country in the world to do so. According to the amendment, “marriage is lawful only if entered into between a man and a woman,” and “it is unlawful for same-sex couples to marry".

Ugandan Constitution

Despite penal sanctions concerning homosexual acts remaining in place, LGBT rights under Uganda's constitution have recently been challenged in the Uganda High Court.

On 12 September 2008, in a case against the Attorney General of Uganda, brought by LGBT activists Yvonne Oyoo and Victor Juliet Mukasa, the High Court through High Court Judge Stella Arach set a precedent and stated affirmatively that at least articles 23, 24 and 27 of articles 20 to 45 of the Ugandan Constitution do apply to the GLBT community.

The Ugandan Constitution of 1995 offers broadbased protection against discrimination, through article 21, sections 1–5.

21. Equality and freedom from discrimination.

All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.

Uganda Anti-Homosexuality Bill

On 13 October 2009 Ugandan MP David Bahati introduced the Uganda Anti-Homosexuality Bill which would broaden the criminilization of same-sex relationships in Uganda, introducing the death penalty for repeat convictions, HIV-positive people engaging in sexual activity with people of the same sex or with those under 18. Under this bill, individuals or companies promoting LGBT rights would be penalized. Ugandan citizens would be required to report any homosexual activity within 24 hours or face a maximum penalty of three years imprisonment, and Uganda would request extradition if Ugandan citizens were having same-sex relationships outside the country.

Living conditions

Gays and lesbians face discrimination and harassment at the hands of the media, police, teachers, and other groups; according to Jessica Stern of Human Rights Watch, "For years, President Yoweri Museveni's government routinely threatens and vilifies lesbians and gays, and subjects sexual rights activists to harassment." The U.S. State Department's 2006 Country Report on Human Rights for Uganda stated that homosexuals "faced widespread discrimination and legal restrictions." It is illegal for homosexuals to engage in sexual acts; the maximum sentence for engaging in such acts is life imprisonment.

In 2004, Radio Simba was fined over $1,000 and forced to issue a public apology after hosting homosexuals on a live talk show; Information Minister Nsaba Buturo said the measure reflected Ugandans' wish to uphold "God's moral values." "We are not going to give them the opportunity to recruit others," he added.

Earlier that year, Human Rights Watch reported that Uganda's "abstinence-until-marriage" HIV programs "intrinsically discriminate on the basis of sexual orientation."

Outing

In 2006, a Ugandan newspaper, The Red Pepper, published a list of the first names and professions of 45 allegedly gay men, many of whom suffered harassment as a result.

In 2010, Giles Muhame's tabloid paper Rolling Stone published the full names, addresses, and photographs of 100 prominent and allegedly gay Ugandans, accompanied by a call for their execution. Gay rights activists, including David Kato and other members of Sexual Minorities Uganda, filed suit against the tabloid, which was ordered to stop outing suspected gays and to pay 1.5 million Ugandan shillings plus court costs to each of the plaintiffs. The judge ruled that the outing, and the accompanying incitation to violence, threatened the subjects' "fundamental rights and freedoms," attacked their right to human dignity, and violated their constitutional right to privacy.

Gay rights activism

Uganda's main gay rights organization is Sexual Minorities Uganda, founded in 2004. David Kato, a SMUG officer who was considered the father of Uganda's gay rights movement, was beaten to death in January 2011.

Gay rights in Somalia

2011-09-22T12:43:00.000-07:00

LGBT rights in Somalia fall under the scope of Somalia's federal laws. As such, homosexuality is illegal in the country and is punishable by imprisonment.

Legislation

Under Article 409 of the Somali Penal Code, introduced in 1973, sexual intercourse with a person of the same sex is punishable by imprisonment from three months to three years. An "act of lust" other than sexual intercourse is punishable by a prison term of two months to two years. Under Article 410 of the Somali Penal Code, an additional security measure may accompany sentences for homosexual acts, usually coming in the form of police surveillance to prevent "re-offending".

HIV/AIDS Prevention

Family planning services are hard to access, as is fact-based information on human sexuality. Humanitarian workers have stated that Islamic social mores often make it difficult to publicly talk about how the virus can be spread. Since 1999, much of the AIDS/HIV education and care has come from international organizations such as the United Nations.

Despite this, Somalia has one of the lowest HIV infection rates on the continent. This is attributed to the Muslim nature of Somali society and adherence of Somalis to Islamic morals. While the estimated HIV prevalence rate in Somalia in 1987 (the first case report year) was 1% of adults, a more recent estimate from 2007 now places it at only 0.5% of the nation's adult population.

LGBT organizations

As of 2004, one group reportedly existed for LGBT people in Somalia.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that “sexual orientation was considered a taboo topic, and there was no public discussion of this issue in any region of the country," and that "there were no reports of societal violence or discrimination based on sexual orientation."

Gay rights in Rwanda

2011-09-22T12:36:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) Rwandan citizens may face greater legal and social difficulties in comparison to citizens who are heterosexual. While homosexuality is not de jure illegal, sexual orientation is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country. No laws exist to protect LGBT citizens from discrimination or harassment. The Constitution of Rwanda prohibits same-sex marriage.

Constitutional rights

The Rwanda Constitutional, adopted in 1991, has provisions that may impact that legal rights of LGBT Rwandan citizens;

Article 16 – All citizens shall be equal in the eyes of the law, without any discrimination, especially in respect to race, color, origin, ethnic background, clan, sex, opinion, religion, or social status.
Article 22 – (1) The private lives of individuals shall not be infringed upon in any way.

Criminal code

As of 2010, non-commercial, private, adult and consensual homosexual relations are not illegal per se and the age of consent is 18. However, LGBT Rwandans have reported being harassed, blackmailed and even arrested by the police under various laws dealing with public order and morality.

On 16 December 2009, there was a debate in the national parliament about making homosexuality a criminal offense, proposing 5–10 years of imprisonment. This legislation is similar to the controversial Anti-Homosexuality Bill in the neighboring country of Uganda, which would penalize homosexuals with imprisonment and (in cases of relations with a minor or a disabled person, in cases where the offender is HIV-positive and in cases of repeated homosexual acts) the death penalty. Uganda's bill would also penalize people with knowledge of individuals who are homosexual but do not report them. Following reports of the proposed anti-homosexuality bill, the Rwandan justice minister stated that "the government has no intentions whatsoever to criminalize homosexuality".

Government and politics

As of 2010, no legislation exists to address discrimination or harassment on the basis of sexual orientation and gender identity. Rwandan electoral laws are such that most of the political parties are aligned with, if not an extension of, the ruling party.

Political parties

The two Rwandan political parties that are not a part of the ruling coalition, Liberal Party and the Social Democratic Party, have not taken any official position on LGBT rights. There is a Green Party attempting to become registered with the government, although it has not taken any formal position on LGBT rights.

Human rights

Since 2005, the Horizons Community Association of Rwanda has been doing some public advocacy on behalf of LGBT rights, although its members have often been harassed by the government.

Society & culture

LGBT people often report being blackmailed, harassed, physically assaulted and even jailed because of their sexual orientation or gender identity. Beyond the official or unofficial government, the prevailing religious and cultural beliefs tend to look down upon homosexuality and cross-dressing as signs of immorality, sickness or something foreign imported into the nation.

The U.S. Department of State's 2010 Human Rights Report found that “Some members of the LGBT community reported societal discrimination and abuse during the year. According to a 2008-09 study in Kigali, gays claimed to have been verbally and physically abused in workplaces, bars, prisons, and elsewhere."

Religious beliefs

Most Rwandan citizens are affiliated with the Catholic Church, which views homosexuality and cross-dressing as signs of immorality. The other major religions, Protestantism and Islam also tend to take a similar viewpoint.

For example, in 2007, the Anglican Church in Rwanda condemned "the non biblical behaviors" of the European and American churches and insisted that they would not support the ordination of gay clergy and have vowed to refuse donations from churches that support LGBT rights.

Likewise, The Archbishop of the Episcopal Church of Rwanda called homosexuality, "moral genocide" and against Rwandan culture because, in his view, sexuality may only be expressed within the bounds of a marriage between a man and a woman.

Family and marriage

Rwanda does not recognize same-sex marriages, civil unions or similar unions. Most gay people who have been interviewed stated that they are not open about their sexuality to their family for fear of being rejected.

HIV/AIDS

Rwanda faces a generalized epidemic, with an HIV prevalence rate of 3.1 percent among adults ages 15 to 49. The prevalence rate has remained relatively stable, with an overall decline since the late 1990s, partly due to improved HIV surveillance methodology. In general, HIV prevalence is higher in urban areas than in rural areas, and women are at higher risk of HIV infection than men. Young women ages 15 to 24 are twice as likely to be infected with HIV as young men in the same age group. Populations at higher risk of HIV infection include people in prostitution and men attending clinics for sexually transmitted infections.

Rwanda is among the world’s least developed countries, ranking 158 of 177 in the United Nations Development Program’s 2006 Human Development Index. Some 60 percent of the population lives in poverty. During the three months of genocide in 1994, mass rape, sexual torture and psychological trauma were common. Massive population flows following the genocide have resulted in an increase in the urban population. The shortage of human resources throughout the health sector is a significant constraint. Of Rwandans killed or displaced during the genocide, a disproportionate number were highly skilled and educated members of society, including doctors, nurses and other health workers. Many health centers lack essential physical facilities, equipment and supplies. Electricity supply is erratic throughout Rwanda, impacting hospitals, health centers and laboratories. Blood safety, data management and drug storage are all impacted by the erratic electricity supply. While stigma continues to be a problem for people living with HIV/AIDS, it would appear that the situation is slowly improving due to good information sharing at all levels about HIV/AIDS.

Gay rights in Mozambique

2011-09-22T12:30:00.000-07:00

The legal status of same-sex sexual activity is ambiguous in Mozambique. There are no explicit laws against homosexual sex, and on March 2011, the Minister of Justice declared during the UN Human Rights Council's Universal Periodic Review that homosexuality is not an offence in Mozambique. However, the Penal Code does contain an offence of "practices against nature". According to the ILGA, this clause could potentially be interpreted as including male and female same-sex sexual activity, even though it is unknown to what extent the law is enforced. Indeed, reports state that the incidence of the statute being enforced against LGBT individuals have been slim to none.

Mozambique is frequently regarded as amongst the most tolerant states concerning gays and lesbians throughout Africa, if not the most. While the government has reported fairly little on LGBT rights, all of what has been said has been positive. It is one of the only three countries in Africa to offer any form of discrimination protections for gay, lesbians, and bisexuals, which have been in place since 2007. Protests for such legislation had been kick started only a year before, signaling a reasonably swift response by the government. Mozambique does not provide any form of recognition of same-sex relationships, though protests for same-sex marriage and common-law marriage have been ongoing since 2006.

Gay rights in Mauritius

2011-09-22T12:24:00.000-07:00

While homosexuality is currently illegal in Mauritius, the nation was one of the 66 signatories of support for the UN declaration on sexual orientation and gender identity, which failed to pass. Although this indicates that the government opposes laws against consensual homosexual acts, actions to legally decriminalize such activity have yet to be made. Mauritius presents an irresistible blend of cultures, climates and activities due to its many different peoples and its location. There is plenty to do there, but don’t go expecting to gallivant gaily; attitudes are very conservative.

Culture

Mauritius is a melting pot of culture. Half of the population are Hindu, a quarter are Creole, and the rest are Catholic Europeans, Arabs and Chinese workers. The integration of cultures is what makes Mauritius an interesting place; food, music and entertainment shows elements of the varying backgrounds of the Mauritians. Port Louis, the capital of the island, is the place to soak up this mish-mash of peoples, with markets, tourist shops and a range of bars and restaurants. Unfortunately, since Mauritius was granted independence from British rule in the late 1960s, much of the original architecture has given way to new and not necessarily pretty building, but the vibe there is upbeat, busy and intoxicating.

Outside of the city there are many natural beauties to take in, particularly in the centre of the island. You can take guided tours to check out what remains of the once-lush tropical forests, mountains and endangered species of birds.

Gay culture does not thrive here due to the conservative attitudes of the local residents. Gay men receive abuse if their sexuality is known, and so there are no gay bars or clubs and meetings between local gays take place in secret. Whilst gay tourists are welcomed due to the money they bring, there is very little catering for people out to mingle with the same sex. There are a few gay beaches which are tolerated provided their visitors are discreet, such as Mont Choisy, Grand Baie, Pereybere and Trois au Biches, all on the north coast of the island. The beaches where gays arrange to meet, however, are changed monthly via the internet, so do your research online before you head off for the day. Lesbianism, as is so often the case with conservative countries, is barely mentioned, and though lesbian tourists are generally welcomed, there is little, even in secret, for them to do to meet other women.

Equality

There is no explicit law against homosexuality itself in Mauritius, but sex between men is punishable by up to five years imprisonment. There has been one gay pride event there, but there is no real drive for gay rights. Lesbianism is hardly mentioned.

Gay rights in Malawi

2011-09-22T12:18:00.000-07:00

Homosexual acts are illegal in Malawi. Section 153 prohibits "unnatural offences". Section 156 concerning "public decency" is used to punish homosexual acts. Tourists who commit acts of homosexuality with locals can be prosecuted under article 156 and expelled as "undesirable aliens".

In late December 2009, a trans woman and a man, Tiwonge Chimbalanga and Steven Monjeza, were arrested for holding a traditional 'engagement' party. They were imprisoned in Blantyre, were denied bail and stood trial. On 18 May, they were found guilty, although there has been an international outcry from LGBT solidarity groups On 29 May 2010, President Bingu wa Mutharika pardoned both individuals.

Malawian Constitution

Non-discrimination on the grounds of sexual orientation is not explicitly referred to in the Malawian constitution (Article 20); although human rights lawyer Chrispine Sibande has recently argued that it may be covered under the 'other status' category. However, there has no been no official legal ruling to this effect.

Malawian society

Homosexual acts are proscribed under the Malawi Penal Code of 1930, drafted when Malawi was under British colonial rule and retained after independence. No specific laws against homosexuality were in place before British rule.

Homosexuality remains largely a taboo subject in the generally conservative country. In 2007 the Anglican Church sent a pro-gay rights Bishop, Nick Henderson, to head a diocese in rural Malawia. However, the congregation did not accept him and protests led to the death of a church member.

In 2009 Mary Shawa, secretary for nutrition, HIV and AIDS in the president's office, argued that Malawi must recognise the rights of its gay population to be able to step up its fight against AIDS. This was the first public government comment on homosexuality in the broady conservative country. Shawa said that Malawi would not be able to fight the virus without giving gays access to HIV and AIDS services. The Centre for the Development of People (CEDEP), an organisation working with homosexuals, has said the HIV prevalence rate was at 25 percent among the country's gay population.

In January 2010, Peter Sawali was arrested for hanging a sign that read "gay rights are human rights."

In April 2010, President Bingu wa Mutharika condemned acts of homosexuality seeing it is a strange act in Malawi, describing it as a foreign culture and tradition (mwambo) which Malawians did not know before. He claimed the country was being haunted by several ills, among them domestic violence, child abuse, and the cutting and selling of private parts.

The U.S. Department of State's 2010 Human Rights Report found that, in 2010, "societal violence and discrimination based on sexual orientation occurred. The Center for Development of the People (CEDEP) reported that several cases of violence resulting in serious injury were perpetrated against gay men during the year. These attacks were not reported to police." The report also noted that "a 2008 study by CEDEP found that approximately 34 percent of gay men in the country had been blackmailed or denied services such as housing or healthcare due to their sexual orientation. Additionally, 8 percent of those surveyed said they had been beaten by police or other security forces due to their sexual orientation."

Chimbalanga and Monjeza

On 18 May 2010, a Malawian couple, a trans woman and a man, were convicted by the Malawian courts for having committed "unnatural offenses" and "indecent practices between males" under sections 153 and 156 of Malawi's criminal code, following arrest at their home in Blantyre. Local newspapers had reported that Tiwonge Chimbalanga (born c. 1984) and Steven Monjeza (born c. 1990) had participated in a public same-sex chinkhoswe, or engagement ceremony. The couple was sentenced on 20 May to the maximum 14 years in prison with hard labour, with the judge, magistrate Nyakwawa Usiwa-Usiwa telling the couple: "I will give you a scaring sentence so that the public be protected from people like you so that we are not tempted to emulate this horrendous example," and "Malawi is not ready to see its sons getting married to its sons."

The trial and sentences were condemned by regional human rights organizations including AIDS and Rights Alliance for Southern Africa (Arasa) the Southern Africa Litigation Centre (Salc), the Centre for the Development of People (CEDEP) and the Centre for Human Rights and Rehabilitation (CHRR). In addition, international human rights organizations such as Amnesty International and IGLHRC reacted with condemnation, as did donor entities and governments such as the UK government, Germany, the African Development Bank (AfDB), Norway, the European Union and the World Bank, who operate under the Common Approach to Budget Support (CABS).

Following pressure from civil rights groups, President Jacob Zuma of South Africa also condemned the imprisonment and discrimination against gay men and women. The singers Madonna and Elton John have also been vocal in their condemnation.

However, the Malawi Council of Churches (a grouping of Anglican, Baptist, Evangelical and Presbyterian churches) advised the Malawi government to retain current laws against homosexuality in the criminal code and to disregard the pressure from donor countries, advising the countries to "respect Malawi’s cultural and religious values and refrain from using aid as a means of forcing the country to legalise sinful acts like homosexuality in the name of human rights." To date the Roman Catholic Archbishop of Blantyre, Tarcisius Gervazio Ziyaye, the most senior cleric in the predominantly Catholic state, has not made any public statements either in favour of the sentence or in condemnation of the treatment.

The International Women's Health Coalition, OSISA, and Gender Dynamix, identified the imprisonment of Tiwonge, in particular, as an issue of transphobia because Tiwonge identifies as a woman and dresses in women's clothing; the groups criticized international media reporting of the trial and sentencing because most outlets did not observe Tiwonge's gender identity in their direction of attention to the issue of marriage equality for same-sex couples.

The sentencing has led to debate in the media about whether it was fair, or whether legislation is out of date.

On 29 May 2010, President Bingu wa Mutharika pardoned both individuals, during a visit by Ban Ki-Moon the UN Secretary General. Government ministers have indicated that they could be re-arrested if they continued their relationship.

In December, after being physically attacked in the months since the pardon, Tiwonge filed papers for asylum in Canada. Her application was facilitated by the Global Justice Institute of the Metropolitan Community Church.

Gay rights in Madagascar

2011-09-22T12:13:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Madagascar face legal challenges not experienced by non-LGBT residents.

Law regarding same-sex sexual activity

Homosexuality is legal in Madagascar. The age of consent is 21. Neither homosexuality nor sodomy are mentioned in the criminal laws of Madagascar. The government acts to curb sex tourism with punishment for prostitution and pornography.

Discrimination protections

The law in Madagascar does not outlaw discrimination with regard to sexual orientation or gender identity,

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there was general societal discrimination against the LGBT community" and that "sexual orientation and gender identity were not widely discussed in the country, with public attitudes ranging from tacit acceptance to outright physical violence, particularly against transvestite sex workers." The report also found that "LGBT sex workers were frequently targets of aggression, including verbal abuse, stone throwing, and even murder" and that "in recent years there has been an increased awareness of "gay pride" through positive media exposure, but general attitudes have not changed."

Gay rights in Kenya

2011-09-22T12:05:00.000-07:00

Homosexuality in Kenya is criminalised by the law and may result in imprisonment. Homosexuality is taboo in parts of society. Despite this, homosexuality exists in Kenya, and various organisations are working for LGBT rights.

Acceptance of homosexuality in Kenyan society

According to the 2007 Pew Global Attitudes Project, 96% of Kenyans said that homosexuality should be rejected by society, one of the highest rates of the 44 countries surveyed. In February 2010, people suspected of homosexuality were targeted in mob violence at a government health center.

In November 2010 the Kenyan Prime Minister Raila Odinga condemned homosexuality saying "If found the homosexuals should be arrested and taken to relevant authorities". He also stated that homosexuality is unnatural and it is mad for men to fall in love with each other while there are plenty of women available. Odinga retracted his statements days later, saying he only meant that same-sex marriages are illegal in Kenya.

There is a plan for CCTV surveillance in Kenyan prisons in order to curb sex between male inmates.

The U.S. Department of State's 2010 Human Rights Report found that "lesbian, gay, bisexual, and transgender (LGBT) advocacy organizations, such as the Gay and Lesbian Coalition of Kenya (GALCK), were permitted to register and conduct activities. There was frequent and widespread societal discrimination based on sexual orientation during the year."

Law

Sections 162 to 165 of the Kenyan Penal Code criminalize homosexual behaviour and attempted homosexual behaviour between men, which is referred to as "carnal knowledge against the order of nature". The penalty is 5 to 14 years' imprisonment. The age of consent is 16. Lesbian relations are not currently prohibited in the law, although Prime Minister Odinga has recently called for them to be arrested along with gay men.

Homosexuality remains criminalized in Kenya, and even though there are few prosecutions in the country on the sections of the penal code (162–165), that criminalize it; LGBTI people are routinely harassed by the police, held in remand houses for long without charges being preferred against them, and presented in court, on trumped-up charges. Closely related to this, is a cartel of corrupt police officials who routinely extort and blackmail LGBTI people with the threat of arrest and imprisonment if they do not give them bribes.

In August 2006, a bill known as "Njoki Ndungu bill" was published into law, with the aim was to consolidate all the sexual offenses into one body. The bill was published into law in August, but did not change very much the previous sections of the penal code. As such it remains a criminal offense that is punishable by 14 years and five years in the case of attempt.

Same-sex marriage

In October 2009 a Kenyan gay couple, Charles Ngengi and Daniel Chege married in London, United Kingdom. The marriage received a widespread attention in Kenya, with majority of Kenyans strongly condemning the marriage. Daniel Chege's relatives were also harassed by other villagers in Gathiru, Murang’a District.

Although not legalised in Kenya, in February 2010 two Kenyan men attempted to hold a gay wedding in a hotel in Mtwapa. The wedding failed as the National Council of Churches of Kenya (NCCK) and Council of Imams and Preachers of Kenya (CIPK) jointly organised the "Operation Gays Out" to prevent the marriage. The couple were attacked by violent youth during the operation, but were rescued by the police. Sheikh Hussein Ali, Kikambala region coordinator of CIPK said they are "ready to shed their blood to protect the dignity of Mtwapa town".

On 6 August 2010, Kenya ratified a brand new Constitution by the recent approval of the Kenyan people. In Article 45 (2) under Family of the Kenya Constitution, it excludes same sex marriage – because the exact wording is the following: "Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties."

LGBT Organisations

Organizations such as Gaykenya are working to improve access to basic rights and freedoms of gay and lesbian people by calling upon the LGBTI people to register as voters and participate in the civic life. This way they hope to work with politicians and political parties in changing the offensive sections of the penal code.

GALCK brings together 5 organizations that work for emancipation and realization of human rights for the LGBTI people in Kenya. These Groups, include, ISHTAR MSM, which is principally involved in reduction of HIV/AIDS infections among gay people in Kenya. Minority Women in Action (MWA) works on rights realization for Lesbians and bisexual women. The other two are Gaykenya and Tomik whose work focus on rights advocacy and creating a favourable legal environment for the LGBTI Kenyans. Transgender Education and Advocacy (T.E.A.) is the last group to be formed in 2008 that focuses on the human rights and social well being of transgender and intersex identifying individuals.

Transgender, Transsexuals & Intersexuals-Sex Reassignment Therapy-Transgender Education & Advocacy

Transgender, transsexuals are people who identify as a sex opposite (or different) from the one assigned at birth. Intersexuals (formerly known as hermaphrodites) are people born with mixed sex anatomies (a vagina and penis), atypical chromosal configurations (XXY, X0) and ambiguous genitalia.

Transgender people/transsexuals and intersexuals face stigma, discrimination and violence in Kenya. They are denied sex reassignment therapy (SRT) in public hospitals and then granted the same in private hospitals at exorbitant prices. Discrimination against transgender and intersexed people is prevalent and so is sexual violence. This is in the areas of recognisition of a third sex by the government, access to justice, employment and other spheres of public life.

The Transgender Education & Advocacy (TEA) works towards creating a public understanding of transsexualism and intersex conditions, challenging oppressive policies and practices against transgender and intersexuals, and advocating for policy and laws to protect transgender and intersex people.

Since the centre was first opened, GALCK has been able to make tremendous progress, in its work through building coalitions with mainstream organizations, like Kenya Human Rights Commission, and HIV/AIDS bodies notably Liverpool VCT, Care and Treatment and National Aids Control Council. Indeed thanks to this relationship, GALCK has for the first time been formally involved in the on-going process of drafting a new HIV/AIDS Strategic plan for this country. Further to that, GALCK is also involved in the review of the National Voluntary Care and HIV Testing Form, so that information collected and counselling given during the VCTs, is reflective of the needs of the LGBTI community in Kenya.

This would never have been possible without the Community Centre which also functions as offices for the 5 organizations. Indeed, just a week before World Aids Day, on 1 December 2008, Galck was able to mobilize 230 LGBTI persons to attend VCT services held at the community Centre itself. This was the first time ever in this country that VCT services specifically targeted LGBTI persons. During this process, important lessons were learnt on the existing VCT policy and implementation gaps, and they are now working with NACC in collaboration with Liverpool VCT, to address this gaps. One notable gap is indicators on HIV prevalence among this community which previously had been estimated at 9.3% but through this exercise was found to be 23%.

Gay rights in Ethiopia

2011-09-22T12:01:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) rights in Ethiopia do not exist; all homosexual activity is recognized by Ethiopian law as a sexual crime, and the promotion of homosexuality is overwhelmingly rejected by Ethiopian society.

According to the 2007 Pew Global Attitudes Project, 97% of Ethiopian residents said that homosexuality should be rejected by society, which was the second-highest percentage rejecting homosexuality among the 44 countries surveyed, exceeded only by Mali at 98%.

Law regarding same-sex sexual activity

Both male and female same-sex sexual activity is illegal in Ethiopia. In December 2008, nearly a dozen religious figures adopted a resolution against homosexuality, urging lawmakers to endorse a ban on homosexual activity in the constitution.

Under Ethiopian law, homosexual activity is punishable by up to 5 years imprisonment. A homosexual act is never considered a victimless crime in Ethiopian law; rather, the wording of the penal code recognizes that it is an act of an aggressor against a victim. Consequently, the offense of the aggressor is considered aggravated, when it results in the suicide of the victim.

Mainstream Ethiopian social mores are broadly influenced by the Ethiopian Orthodox Church and Muslim religious life.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there were some reports of violence against lesbian, gay, bisexual, and transgender individuals; however, reporting was limited due to fears of retribution, discrimination, or stigmatization." The report also found that "the AIDS Resource Center in Addis Ababa reported that the majority of self- identified gay and lesbian callers, 75 percent of whom were male, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracizing, religious conflict, and suicide attempts."

Gay rights in Eritrea

2011-09-22T11:56:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Eritrea face legal risks not experienced by non-LGBT citizens. Homosexual acts are illegal in Eritrea, punishable by up to 3 years in prison.

Law regarding same-sex sexual activity

Same-sex sexual activity is prohibited in Section II of the penal code from 1960. Article 600 "unnatural carnal offences" can be punished for internment for between 10 days and 3 years.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Child adoptions

Although homosexuality is considered a crime, child adoptions has been legalized in 2003.

Discrimination protections

There is no protection against discrimination based on sexual orientation.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that, in 2010, "there were unconfirmed reports that the government carried out periodic roundups of individuals considered gay and lesbian, and gays and lesbian faced severe societal discrimination. The government accused foreign governments of promoting the practice to undermine the government." The report also found that "there were uncorroborated reports that known gays and lesbians in the armed forces were subjected to severe abuse. There were no known lesbian, gay, bisexual, or transgender organizations in the country."

Gay rights in Djibouti

2011-09-22T11:53:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Djibouti may face legal challenges not experienced by non-LGBT residents.

Laws regarding same-sex sexual activity

The law regarding same-sex sexual acts in Djibouti is unclear.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there were no known reports of societal violence or discrimination based on sexual orientation. Societal norms did not allow for the public discussion of homosexuality, and persons did not openly acknowledge having a homosexual orientation."

Gay rights in Comoros

2011-09-22T11:49:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Comoros experience legal issues not experienced by non-LGBT citizens. Comoros has laws applying to acts considered to be against nature. The age of consent is thirteen.

Law regarding same-sexual activity

Both male and female sexual acts considered to be against nature are illegal in Comoros. Such acts are punished with up to five years imprisonment and a fine of 50,000 to 1,000,000 francs.

Recognition of same-sex relationships

There is no recognition of legal rights for same-sex couples.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "persons engaging in homosexual activity did not publicly discuss their sexual orientation due to societal pressure. There are no lesbian, gay, bisexual, and transgender organizations in the country.

Gay rights in São Tomé and Príncipe

2011-09-22T11:44:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in São Tomé and Príncipe face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in São Tomé and Príncipe. While homosexuality is currently illegal in the country, the nation was one of the 66 signatories of the UN declaration on sexual orientation and gender identity, which failed to pass.

Laws regarding same-sex sexual activity

Both male and female same-sex sexual acts are illegal in São Tomé and Príncipe, under law inherited from colonial rule. Habitual offenders may be sent to labor camps. On January 31, 2011, Representatives at São Tomé and Príncipe's United Nations Universal Periodic Review announced that upcoming revisions to its Criminal Code will decriminalize same-sex sexual activity in the country. The new code would come into effect in 4 months time.

Recognition of same-sex relationships

São Tomé and Príncipe does not recognize same-sex marriages, civil unions, or domestic partnerships.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.

Gay rights in the Republic of the Congo

2011-09-22T11:38:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Republic of the Congo may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Laws regarding same-sex sexual activity

Same-sex sexual acts are legal. These acts never have been criminalised. The age of consent is unequal.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there was not a large openly gay or lesbian community due to the social stigma associated with homosexuality" and that "there were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media."

Gay rights in Gabon

2011-09-22T11:34:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Gabon may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Gabon, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

In December 2008, Gabon signed the non-binding UN declaration on sexual orientation and gender identity calling for the global decriminalization of homosexuality, one of only six African countries to do so.

Laws regarding same-sex sexual activity

Same-sex sexual activity is legal. That activity was never criminalised. The age of consent is 18 for both same-sex and opposite-sex sexual activity.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) persons was a problem, and LGBT individuals often kept their status secret from the community for fear of being harassed or discriminated against."

Gay rights in Equatorial Guinea

2011-09-22T11:26:00.000-07:00

Lesbian, gay, bisexual, and transgender (LGBT) persons in Equatorial Guinea may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Equatorial Guinea, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples.

Laws regarding same-sex sexual activity

Same-sex sexual activity is legal in Equatorial Guinea.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation or gender identity.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there are no laws criminalizing sexual orientation; however, societal stigmatization and traditional discrimination against gay men and lesbians was strong, and the government made little effort to combat it.