LGBT rights in Angola | |
---|---|
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Status | Legal since 2021 |
Gender identity | No |
Discrimination protections | Yes, for sexual orientation |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. [1] [2] Additionally, employment discrimination on the basis of sexual orientation has been banned, [3] making Angola one of the few African countries to have such protections for LGBT people.
Some NGOs in Angola, that are involved in HIV/AIDS education, are beginning to work with the LGBT community. Additionally, two specific LGBT groups operate in Angola. Only one of these groups, Iris Angola Association, has received official and legal recognition. [4]
The region known today as Angola and the modern country has a somewhat complicated history with homosexuality. This is due to the long period of occupation by independent African tribes followed by the influence of Christianity brought to the region by the Portuguese Empire. Prior to the 2020 decriminalisation, the previous legal code allowed penalties of up to 3 years in labor camps or jail for same-sex sexual activity.
In the 1920s, a German anthropologist named Kurt Falk published his research on African ethnic groups, which included some acceptance of homosexuality and bisexuality. [5] Falk reported that homosexual and cross-dressing practices were commonplace among the Ovimbundu people. Ovimbundu men who behave, act and dress as women are known as chibadi or chibanda, and historically would marry other men. Similar individuals exist in neighbouring ethnic groups; they are known as kimbanda among the Ambundu, quimbanda among the Kongo and jimbandaa among the Lovale people. Same-sex sexual acts were regarded as having medical effects in these societies. Indeed, such acts were viewed as a remedy for impotence, to improve soil fertility or as a transfer of knowledge. Sexual practices between men were also part of initiation rituals. [6] [7]
In the 18th century, the Khoikhoi people recognised the terms koetsire, which refers to a man who is sexually receptive to another man, and soregus, which refers to same-sex masturbation usually among friends. Anal intercourse and sexual relations between women also occurred, though more rarely. [6]
Among the Herero people, erotic friendships (known as oupanga) between two people, regardless of sex, were common, and typically included anal intercourse (okutunduka vanena). [6]
With the formation and expansion of Portuguese Angola came the expansion of Christianity into the region and therefore the Christian morality that strongly condemned homosexual acts. It was eventually decriminalized in 1852, but was re-criminalized in 1886 with Articles 70 and 71 of the Penal Code of 1886 that contained a vaguely worded prohibition against public immorality and acts considered "against nature". [8] This would remain the legal status for the rest of Portuguese Angola's existence and was not repealed upon Angolan independence in 1975.
In February 2017, the Angolan Parliament preliminarily approved a draft of a new penal code in a unanimous 125–0 vote with 36 abstentions. The new Penal Code does not contain provisions outlawing same-sex sexual activity in private. [8] [9] [10] [11] A final vote on the bill was planned for 28 June 2017, but was postponed, [12] due to controversy surrounding abortion (the Penal Code would have legalised abortions in the case of rape). [13] Multiple public debates and consultations were held, though same-sex sexual activity was hardly, if ever, an issue. On 18 May 2018, the Parliament approved the draft in a second vote by a 186–3 vote with six abstentions. [14] [15] [16] It was approved in its final vote on 23 January 2019. [17] [18] [19] [20] [2] After the President João Lourenço vetoed some provisions of the new Code and demanded tougher anti-corruption measures, [21] the National Assembly approved a revised version of the new Penal Code (Law 38/20) on 4 November 2020. The president signed the reform into law on 6 November 2020 along with the new Code of Criminal Procedure (Law 39/20) which also replaced a 1929 Portuguese code and was approved by the Assembly on 22 July 2020. The laws were published on 11 November 2020 and took effect after ninety days, i.e. on 9 February 2021. [22] : 90 [23] [24]
There is no legal recognition of same-sex couples in Angola. [25]
In general, significant social pressure is put on people to marry a suitable partner of the opposite sex and have children. [26]
In 2005, the unofficial commitment ceremony of a same-sex couple was treated as "shameless" and "abominable" in the national news magazines. [27]
The General Labour Law (7/15) (Portuguese : Lei Geral do Trabalho (Lei nº 7/2015)), which came into effect on 15 September 2015, prohibits employment discrimination on the basis of, inter alia, sexual orientation. [28] [29]
Article 214 of the new Penal Code forbids discrimination based on sexual orientation in employment and the provision of goods and services. [8] [9] Additionally, multiple other articles, including articles 71, 172, 215, 216, 225, 382 and 384, outlaw incitement to hatred, hate speech, defamation and hate crimes motivated by sexual orientation with varying degrees of punishment. For instance, article 172 bans threats against someone or a group of people on account of their sexual orientation, among others, with 1-year imprisonment and a fine. The punishment for death threats is doubled. Article 384 lists persecution on the basis of sexual orientation as a crime against humanity, on par with slavery, willful manslaughter, genocide, rape, forced mutilation and others. [30] [22] : 194 [30]
LGBT citizens were not expressly mentioned in the previous Constitution, ratified in 1992. The new Constitution of 2010 does make some general provisions concerning human rights, freedom, equality and tolerance that may apply to all citizens, irrespective of sexual orientation or gender identity. For example, the Constitution stipulates that the State will work to secure equal rights and opportunities for all citizens, irrespective of, among other things, "any other form of discrimination". [31]
One of the most popular musical artists in Angola is transgender woman Titica, a singer of a popular rap-techno fusion music style known as kuduro. Named the "best kuduro artist of 2011", she has performed at various music festivals around the world. However, she still suffers frequent harassment in Angola, most of which are carried out based on religion. [32]
There is no specific law which allows transgender people in Angola to change their gender marker on their official documents and passports. Section 78 of the Código do Registo Civil 2015 indicates that, in general, there should be no alteration of details entered into the registration records. However, section 87 gives the Civil Registrar general authority to make changes, including changes of name and when there is a change of facts which alter the legal identity and status of the person. Transgender people could possibly use this section to change their legal gender. [33]
Prevailing social attitudes about sexual orientation tend to reflect traditional Catholic and Protestant values concerning human sexuality and gender roles. These values and mores do shape public policy.
The Human Rights Measurement Initiative collects survey data on civil and political rights by asking human rights experts in each country to share their knowledge with us. 17% of human rights experts surveyed in the 2022 HRMI survey identified LGBTQIA+ people as being at risk of having the right to freedom from torture and ill-treatment violated. [34] 7% of human rights experts surveyed identified LGBTQIA+ people as being at risk of having the right to assembly and association violated. [34]
Some LGBT people in Angola have reported being harassed by people who believe that they are immoral, and the Angola Government allegedly refused to accept the Israeli ambassador because he was gay. Yet, signs of more liberal attitudes do exist. [26]
The three major political parties have not formally addressed LGBT in their respective party platforms. On the rare occasion that politicians and other government officials have dealt with LGBT people or rights, their policies have reflected prevailing attitudes.
In 2010, the Angolan Government refused to receive openly gay Isi Yanouka as the new Israeli ambassador, allegedly due to his sexual orientation. [35]
The Government does allow for non-governmental organizations (NGOs) to exist in Angola, and some charities have begun to work with members of the LGBT community with regards to HIV/AIDS education.
Two specific LGBT groups work in Angola. One of these groups, Iris Angola, received official and legal recognition by the Angolan Justice Ministry in June 2018. At the time, Iris Angola had about 200 members. [4] It is based in Luanda and has offices in Benguela and Lubango. [36]
Legally, people living with HIV/AIDS in Angola are entitled to health care services and protection from employment discrimination.
Efforts to develop educational programs specifically for LGBT people have struggled to receive funding from NGOs. The first association, Acção Humana (Human Action), was launched in 2006 but has been unable to receive funding. In 2007, a study on HIV/AIDS estimated that roughly five percent of HIV infections are from men who have sex with other men. [26]
An HIV/AIDS educational program for LGBT in Angola is just beginning to develop, through the work of NGOs, such as the Population Services International.
According to a 2017 poll carried out by ILGA, 61% of Angolans agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 20% disagreed. Additionally, 65% agreed that they should be protected from workplace discrimination. 27% of Angolans, however, said that people who are in same-sex relationships should be charged as criminals, while a plurality of 48% disagreed. As for transgender people, 63% agreed that they should have the same rights, 72% believed they should be protected from employment discrimination and 49% believed they should be allowed to change their legal gender. [37]
Right | Legal status |
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Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in employment only | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | ![]() |
Hate crime laws include sexual orientation | ![]() |
Same-sex marriage | ![]() |
Recognition of same-sex couples (e.g. unregistered cohabitation, life partnership) | ![]() |
Adoption by single people regardless of sexual orientation | ![]() |
Stepchild adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
LGBT people allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() ![]() |
Access to IVF for lesbians | ![]() |
Conversion therapy banned | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() |
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mali face legal and societal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed. The Constitution of Mali has outlawed same-sex marriage since 2023.
Lesbian, gay, bisexual, and transgender (LGBT) people in Gabon face legal challenges not experienced by non-LGBT residents. Except for a period between July 2019 and June 2020, same-sex sexual activity has generally been legal in Gabon.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade, Timișoara's Pride Week and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBT 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 Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
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, and transgender (LGBT) rights in Portugal are among the most advanced in the world; having improved substantially in the 21st century. After a long period of oppression during the Estado Novo, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982, eight years after the Carnation Revolution. Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution. On 5 June 2010, the state became the eighth in the world to recognize same-sex marriage. On 1 March 2011, a gender identity law, said to be one of the most advanced in the world, was passed to simplify the process of sex and name change for transgender people. Same-sex couples have been permitted to adopt since 1 March 2016.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Argentina rank among the highest in the world. Upon legalising same-sex marriage on 15 July 2010, Argentina became the first country in Latin America, the second in the Americas, and the tenth in the world to do so. Following Argentina's transition to a democracy in 1983, its laws have become more inclusive and accepting of LGBT people, as has public opinion.
Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face legal and social difficulties and persecution compared to non-LGBT 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 LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Honduras face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Honduras.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eritrea face severe challenges not experienced by non-LGBT residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBT persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Dominican Republic do not possess the same legal protections as non-LGBT residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in São Tomé and Príncipe face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in São Tomé and Príncipe, however LGBT persons face stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBT people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Macau, a special administrative region of China, face legal challenges not experienced by non-LGBT residents. While same-sex sexual activity was decriminalized in 1996, same-sex couples and households headed by same-sex couples remain ineligible for some legal rights available to opposite-sex couples.
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: CS1 maint: url-status (link)Article 212 of the Penal Code (Law No. 38) (2020) criminalises acts of discrimination based on sexual orientation with regard to the provision of goods and services, obstructing economic activities, and access to public or private facilities. In turn, Article 380 punishes incitement to discrimination on the grounds, among other, of sexual orientation. Further, Article 71 establishes that discrimination based on sexual orientation is an aggravating circumstance for the definition of the penalty.