An Evaluation of Sexual Orientation and Gender identity rights and their proposed application in Zambia
Author(s)Kawandami, Annie Musonda
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AbstractIn Zambia, unnatural conduct is criminalised by section 155 of the penal code. The implication is that all sexual activity that is deemed unnatural such as homosexual, lesbian, bisexual and transgender conduct is prohibited and people of this sexual orientation and or gender identity live secret lives for fear of being arrested. This work therefore evaluates sexual orientation and gender identity rights and their proposed application in Zambia. It begins by delving into the various arguments advanced for the continued intolerance of LGBT'S such as religious, moral, cultural and historical. It then shows that despite these arguments the world has seen a movement towards the recognition of LGBT rights. The paper then shows how sexual orientation is a fundamental aspect of every individual and that the rights of sexual orientation and gender identity that are being asserted are already a part of international law. Further, the Yogyakarta principles are examined in light of the contribution that they have made to International law in as far as sexual orientation and gender identity rights are concerned. The paper proceeds to evaluate sexual orientation and gender identity in Zambia, in doing this, the it uses South Africa to show how sexual orientation and gender identity rights have been incorporated in that country. The paper also proposes the application of some of the developments that have taken place in the realm of sexual orientation and gender identity on the international level in Zambia. Finally, the paper concludes by giving some recommendations that are necessary in improving the situation of LGBT'S in Zambia so that they may enjoy their rights fully despite their sexual orientation. It does so by borrowing experiences from South Africa and New Zealand.