LGBTQ rights in Lesotho | |
---|---|
Status | Legal since 2012 [1] [2] |
Gender identity | Unknown |
Military | No |
Discrimination protections | Sexual orientation and gender identity protections |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Lesotho face legal challenges not experienced by non-LGBTQ residents. Lesotho does not recognise same-sex marriages or civil unions. Discrimination on the basis of sexual orientation and gender identity in employment is banned since 2024.
LGBTQ people face societal rejection and discrimination in Lesotho. Nevertheless, attitudes towards members of the LGBTQ community are slowly evolving and becoming more tolerant and accepting, in line with worldwide trends. In 2012, Lesotho legalised homosexuality, and on 18 May 2013, the first gay pride march took place in the country. [3] [4]
Homosexuality and same-sex relations have been documented in Lesotho for centuries. The Basotho had a tradition of young men (boukonchana or alternatively inkotshane, also known as boy-wife in English) who typically dressed as women, performed chores associated with women, such as cooking and fetching water and firewood, and had intercrural sex with their older husbands (numa). In addition, they were not allowed to grow beards or ejaculate. Upon reaching manhood, the relationship would be dissolved, and the boy-wife could take a boukonchana of his own if he so desired. These relationships, also known as "mine marriages" as they were common among miners in neighbouring South Africa, continued well into the 1970s. Nevertheless, it was quite common for the numa to also have a heterosexual wife. [5] Lesbian relationships also occurred in the form of motsoalle . This term refers to a committed long-term bond between two women, with various levels of physical intimacy. Over time, motsoalle relationships have begun to disappear in Lesotho.
In 1914, colonial officials tried to stop these practices, but to no avail. By 1941, boukonchana relationships, public cross-dressing and same-sex marriage ceremonies were commonplace in Lesotho and the Basotho community in South Africa. In recent years, however, officials have tried to suppress and censor discussions on this topic. Nowadays, there is widespread denial that these practices ever occurred, and Basotho men possess a strong "macho" reputation where heterosexual promiscuity is widely celebrated. [6]
In 2012, male same-sex activity was legalized in Lesotho. [1] [2]
Male same-sex activity had previously been illegal in Lesotho as a common law offence, [7] but had not been enforced. [8] Female same-sex sexual activity has never been outlawed. [7]
Under the Marriage Act No. 10 of 1974 and customary law of Lesotho, marriage is only permitted for opposite-sex couples. [7]
The Labour Act 2024 bans discrimination based on sexual orientation. It also states that "gender-based violence and harassment in a workplace” means violence and harassment, including sexual harassment, directed at workers, persons in training, on probation or attachment; applicants for work; managers and supervisors; customers and clients suppliers or other third-party contractors because of their sex, gender or gender identity or affecting persons of a particular sex, gender or gender identity disproportionately. [9]
Section 127(4) of the Children's Protection and Welfare Act 2011 states that "No child may be unfairly discriminated against on the basis of race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, conscience, belief, culture, language, birth or socio-economic status in the selection of a diversion programme, process or option and all children shall have equal access to diversion options." [10]
Since 2013, the Credit Reporting Regulations states that Credit information relating to sexual orientation may not be contained on the records of the credit bureau, except to the extent that such information is self-evident from the record of the consumer’s marital status and list of family members. [11]
The Child Welfare and Protection Act of 2011 governs adoptions in Lesotho. Under the act, only married couples may adopt a child jointly. Single men and same-sex couples are not permitted to adopt. [12]
The National Identity Cards Act 9 of 2011 outlines regulations for national identity cards in Lesotho. Section 8(1) states: "The Director shall take reasonable practicable steps to ensure that personal information entered into the Register is complete, accurate and updated where necessary". This section could be interpreted as allowing transgender people to change their legal gender on their identity documents. [13]
Similarly to other Southern African countries, reports of discrimination, family rejection, violence and harassment against LGBTQ people are not uncommon. [14]
LGBTQ Basotho may face discrimination in employment, access to health care, housing, access to education, and in other areas. As such, many LGBTQ people live secret lives and hide their sexual orientation. Additionally, they are at serious risk from HIV/AIDS infections (Lesotho has the second highest prevalence of HIV in the world, with reportedly 25% of the Basotho population being infected). LGBTQ activists have begun reaching out to HIV-positive people, and offering prevention strategies. [15]
On 18 May 2013, the first gay pride march took place in the country. It was held in the city centre of Maseru and was organised by the Matrix Support Group. [3] [4] According to the organisers, the event was very successful, with the authorities being supportive and providing an escort for the participants. [16]
The Matrix Support Group is an LGBTQ NGO. It strives "to build an environment where LGBTQ people can freely express their human rights, and contribute to the social, political and economical development of Lesotho". [17] It was established in 2009 and fully registered with the authorities the following year.
Pride marches and events have been held annually since then, attracting a few hundred people. [14]
The U.S. Department of State's Country Reports on Human Rights Practices for 2016 stated that: [18]
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibited consensual sexual relations between men, but authorities did not enforce it. The law is silent on consensual sex between women. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination and official insensitivity to this discrimination. LGBTI rights groups complained of discrimination in access to health care and participation in religious activities.
The law prohibits discrimination attributable to sex; it does not explicitly forbid discrimination against LGBTI. Matrix, an LGBTI advocacy and support group, had no reports of employment discrimination from its members. Same-sex sexual relationships were taboo in society and not openly discussed. While there were no assaults reported, LGBTI persons often did not report incidents of violence due to fear of stigma.
Matrix operated freely and had members in all 10 districts. It reported having a good working relationship with the LMPS. For instance, in December 2015 the brothers of a woman who identified herself as a lesbian forced her out of her home when they discovered her sexual identity. She took the matter to police, who intervened, and the brothers allowed her to return home.
Matrix engaged in public outreach through film screenings, radio programs, public gatherings, and social media. On 21 May, Matrix organized the third International Day Against Homophobia and Transphobia march. Approximately 200 individuals, mainly family and friends of LGBTI persons, marched peacefully and without incident from Lakeside (city outskirts) to Central Park in Maseru. Matrix representatives noted police officers escorting the march were generally supportive, which they attributed to Matrix's previous outreach efforts to the LMPS. Matrix for several months also had an electronic billboard advertisement in central Maseru supporting LGBTI rights.
Addressing the media in June following the UN General Assembly High-Level Meeting on HIV/AIDS, Deputy Prime Minister Mothetjoa Metsing said the government would look into decriminalizing same-sex relationships to stop the spread of HIV. This was the first pronouncement made by a high-level government official on the issue.
Same-sex sexual activity legal | (Since 2012) |
Equal age of consent (18) | (Since 2012) |
Anti-discrimination laws in employment only | (Since 2024) |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Same-sex marriages | |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
LGBTQ people allowed to serve openly in the military | |
Right to change legal gender | (May possibly change gender under the National Identity Cards Act 9 of 2011) |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Pakistan face legal and social difficulties and persecution compared to non-LGBTQ persons. Pakistani law prescribes criminal penalties for same-sex sexual acts.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Rwanda face legal challenges not experienced by non-LGBTQ residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBTQ people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBTQ citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBTQ Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
Discussions of LGBTQI+ rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Vanuatu may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. In November 2024, legislative action certified a ban on any religious, civil and traditional marriages between two people of the same sex.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mongolia face legal and social challenges not experienced by non-LGBT people, though there have been substantial improvements since the 1990s. Homosexuality was criminalised in Mongolia in 1961 through its Criminal Code. Following the Mongolian Revolution of 1990 and the peaceful transition to a democracy, homosexuality was legalised and awareness about LGBT people has become more prevalent. Hate crimes on the basis of sexual orientation and gender identity result in additional legal penalties. Hate speech based on these two categories has been outlawed in the country since 1 July 2017. Households headed by same-sex couples are, however, not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Marshall Islands may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.
Education sector responses to LGBT violence addresses the ways in which education systems work to create safe learning environments for LGBT students. Overall, education sector responses tend to focus on homophobia and violence linked to sexual orientation and gender identity/expression, and less on transphobia. Most responses focus in some way on diverse expressions of gender and support students to understand that gender may be expressed in a different way from binary models. Responses vary greatly in their scope ; duration ; and level of support that they enjoy.
The health access and health vulnerabilities experienced by the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual (LGBTQIA) community in South Korea are influenced by the state's continuous failure to pass anti-discrimination laws that prohibit discrimination based on sexual orientation and gender identity. The construction and reinforcement of the South Korean national subject, "kungmin," and the basis of Confucianism and Christian churches perpetuates heteronormativity, homophobia, discrimination, and harassment towards the LGBTQI community. The minority stress model can be used to explain the consequences of daily social stressors, like prejudice and discrimination, that sexual minorities face that result in a hostile social environment. Exposure to a hostile environment can lead to health disparities within the LGBTQI community, like higher rates of depression, suicide, suicide ideation, and health risk behavior. Korean public opinion and acceptance of the LGBTQI community have improved over the past two decades, but change has been slow, considering the increased opposition from Christian activist groups. In South Korea, obstacles to LGBTQI healthcare are characterized by discrimination, a lack of medical professionals and medical facilities trained to care for LGBTQI individuals, a lack of legal protection and regulation from governmental entities, and the lack of medical care coverage to provide for the health care needs of LGBTQI individuals. The presence of Korean LGBTQI organizations is a response to the lack of access to healthcare and human rights protection in South Korea. It is also important to note that research that focuses on Korean LGBTQI health access and vulnerabilities is limited in quantity and quality as pushback from the public and government continues.