Recognition of same-sex unions in Zambia

Same-sex sexual relations are outlawed in Zambia under a colonial-era law inherited when Zambia was a protectorate of the British Empire. This law, which Zambia retained upon independence, stipulates a penalty of fourteen years' imprisonment for consensual, private sexual relations between people of the same sex, and has resulted in numerous arrests and imprisonments.^[1] LGBT rights are greatly restricted in the country, with gays and lesbians experiencing severe societal and legal discrimination.^[2]

The Marriage Act (Chapter 50; Bemba: Ifunde lya Cupo; Nyanja: Lamulo la Maukwati;^[3] Tonga: Mulawo wa Lukwatano; Lozi: Mulao wa Linyalo;^[4] Kaonde: Mizhilo ya Masongola; Luvale: Jishimbi ja Kulimbata; Lunda: Nshimbi ya Maluwi) does not expressly forbid same-sex marriages and does not contain a definition of marriage, but it generally refers to married spouses as "husband" and "wife".^[5] In 2006, Home Affairs Minister Ronnie Shikapwasha said that Zambia would "never" legalise same-sex marriage, calling it a "sin" that goes against the country's Christian values.^[6]

In February 2010, the Zambian National Constitutional Conference (NCC), a forum established in 2007 to debate, examine, and adopt proposals to amend the Constitution of Zambia, unanimously agreed to adopt a clause to expressly forbid marriage between people of the same sex. The forum proposed to add a constitutional provision that "a person who is eighteen years of age or older has the right to freely choose a spouse of the opposite sex and marry". The measure was supported by Minister for the Southern Province Daniel Munkombwe, who during testimony also incorrectly stated that homosexuality did not exist in non-human animals. Foreign Minister Kabinga Pande also expressed support for the clause, stating, "I think let's adopt this clause in view of what's happening in the world. We have people in some other countries that think that same sex marriage is a right. If we are not clear on this one, the same situation could come down to this country some day. It's a very progressive clause that I urge all to support."^[7] However, the clause was not passed into law. The most recent modifications to the Constitution, which were assented by President Edgar Lungu on 5 January 2016, did not contain this clause. The Constitution does not contain any provision on marriage and does not explicitly forbid marriages between people of the same sex.^[8]

While many modern-day Zambian cultures historically practiced polygamy, there are no records of same-sex marriages being performed in local cultures in the way they are commonly defined in Western legal systems. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.^[9] Luvale culture traditionally recognized "powerful diviner and medicine men" known as jimbandaa, who were "reputed to gain [their] powers by ritual sodomy".^[10][11][12] The jimbandaa "dress[ed], [sat], and [spoke] like women, and married men just as if they were women".^[13][10][14] This practice gradually disappeared with modernization and the introduction of Western culture and homophobia to Zambia during colonisation.^[15]