LGBT rights in Cape Verde

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LGBT rights in Cape Verde
LocationCapeVerde.png
Cape Verde
Status Legal since 2004, with an equal age consent [1]
Gender identity No
Military No
Discrimination protections Yes, employment protections on the basis of sexual orientation since 2008
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections and is considered a gay friendly country. [2] 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. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.

Contents

Cape Verde, along with other former Portuguese colonies, is one of the most LGBT-friendly African nations. The country's first LGBT event was held in June 2013 in the city of Mindelo. [3] Due to its close relationship to Portugal and Brazil, Cape Verde has occasionally been described as the most tolerant nation in Africa with regards to LGBT people, though there are still reports of societal discrimination. [4]

Laws regarding same-sex sexual acts

In the 1886 Penal Code, Article 71 stated that unnatural acts were illegal. [1] In 2004, Cape Verde amended its Penal Code to remove all provisions relating to consensual homosexual sex, thus becoming the second African country to decriminalize homosexuality after South Africa. At the time of decriminalization, the legal age of consent was 16 years old, the same age for consensual heterosexual acts. [5] As of 2015, the age of consent in Cape Verde is 14. [6]

Recognition of same-sex relationships

Cape Verde does not recognize same-sex unions. On 11 July 2017, Prime Minister Ulisses Correia e Silva stated that the legalization of same-sex marriage was not on the agenda. [7]

Discrimination protections

Discrimination based on sexual orientation in the workplace has been banned by articles 45(2) and 406(3) of the Labour Code (Portuguese : Código Laboral) since 2008. [1] The penalty is a fine with the specific monetary amount varying on a case-by-case basis. This makes Cape Verde one of the only African countries to have such protections for LGBT people, and the only one not in Southern Africa. Article 406(3) reads: [8]

The penalty provided for in this article shall also apply to unlawful dismissal based on racial grounds, belonging to a particular ethnic group, religious motives, sexual orientation or any other discriminatory reason.

Gender identity and expression

The most popular transgender person and activist in Cape Verde is Tchinda Andrade, who came out as transgender in a local newspaper in 1998. She has been described by CNN as the "mother hen" of the local transgender community, and transgender people in Cape Verde are often referred to as "tchindas" by locals. Tchindas , a 2015 documentary which follows Andrade's preparations for the São Vicente Carnival, won multiple awards including the Grand Jury Award at Outfest and was nominated for an Africa Movie Academy Award. [4]

Living conditions

In line with other former Portuguese African colonies, Cape Verde is reported to be one of the most tolerant countries in Africa towards gays and lesbians. [2]

The U.S. Department of State's 2010 Human Rights Report found that "legal provisions helped provide protection for homosexual conduct; however, societal discrimination based on sexual orientation or gender identity continued to be a problem. There were no lesbian, gay, bisexual, or transgender persons' organizations active in the country." [9]

By 2013, however, the Associação Gay de Cabo Verde (Cape Verdean Gay Association) had been established. The group organised the first pride parade in Cape Verde in June 2013, held in Mindelo, the second largest city in the country. Cape Verde became the second country in Africa to hold a gay pride parade after South Africa. [3] Three years later, the first pride parade in the capital city of Praia took place.

Since then, other groups have begun working on LGBT rights, including the Associação LGBTI de Praia and the Associação Arco Iris, as well as the Cape Verdean Institute for Gender Equality and Equity (ICIEG). In 2018, the Praia Pride parade was organised with the help of the ICIEG and the Praia Government. [10] Participants called for the legalisation of same-sex marriage and the enactment of anti-discrimination legislation.

São Vicente is known for being very welcoming to the LGBT community. [4]

United Nations

In 2008, Cape Verde was one of 66 countries that signed a United Nations General Assembly document stating that human rights are not limited based on sexual orientations or gender identities. [11] In 2011, it signed a second document condemned violence and discrimination against LGBT people, joining 95 other countries, including 9 other African countries (South Africa, Gabon, Sierra Leone, the Central African Republic, the Seychelles, Mauritius, São Tomé and Príncipe, Guinea Bissau and Rwanda).

Public opinion

A 2020 Afrobarometer opinion poll found that 80% of Cape Verdeans would welcome or would not be bothered by having a homosexual neighbour. Cape Verde was one of the only four countries in Africa polled with a majority in favour, alongside South Africa (70%), Mauritius (56%), and Namibia (54%). [12]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2004)
Equal age of consent (14) Yes check.svg (Since 2004)
Anti-discrimination laws in employment Yes check.svg (Since 2008)
Anti-discrimination laws in housing Yes check.svg (Since 2019) [13]
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Hate crime laws include sexual orientation and gender identity Yes check.svg (Since 2015) [14]
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military X mark.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

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Tchinda Andrade is a Cape Verdean LGBT activist and event manager. Andrade was the first trans woman in Cape Verde to come out publicly and quickly became a leading figure in the country's LGBT community, with the country's trans women coming to be known colloquially as "tchindas". Since she came out, LGBT rights in Cape Verde have experienced notable progress, with the country becoming the most LGBT-friendly in Africa. Andrade has also become a leading organiser of the carnival on her island of São Vicente, which was the subject of the 2015 documentary Tchindas.

References

  1. 1 2 3 Itaborahy, L.P.; Jingshu, Zhu. "State-Sponsored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love" (PDF). old.ilga.org. ILGA. Archived from the original (PDF) on 17 July 2013. Retrieved 17 October 2016.
  2. 1 2 Stewart, Colin (9 March 2016). "Africa's most and least homophobic countries". 76crimes.com. Retrieved 16 October 2016.
  3. 1 2 "Cape Verde LGBTI Resources | Rights in Exile Programme". refugeelegalaidinformation.org.
  4. 1 2 3 Tchinda Andrade: Cape Verde's transgender hero, CNN, 7 July 2016
  5. ↑ Epprecht, Marc (April 2012). "Sexual minorities, human rights and public health strategies in Africa". African Affairs. 111 (443): 223–243. doi:10.1093/afraf/ads019. PMID   22826897.
  6. ↑ "Country Reports on Human Rights Practices for 2012". State.gov. Retrieved 19 February 2014.
  7. ↑ Lusa, Agência. "PM de Cabo Verde diz que casamento homossexual não está na agenda política do Governo". Observador.
  8. ↑ "Decreto-Legislativo n° 5/2007" (PDF). ilo.org (in Portuguese). 16 October 2007.
  9. ↑ "2010 Human Rights Report: Cape Verde". state.gov. Bureau of Democracy, Human Rights, and Labor. Retrieved 16 October 2016.
  10. ↑ "Cape Verde: The LGBTI Pride week in Praia, Cabo Verde". Equal Eyes. 20 July 2018.
  11. ↑ "UN: General Assembly Statement Affirms Rights for All". Human Rights Watch. 18 December 2008. Retrieved 16 October 2016.
  12. ↑ "'All in this together': Africans tolerant on ethnic, religious, national, but not sexual differences" (PDF). Retrieved 10 June 2022.
  13. ↑ https://database.ilga.org/api/downloader/download/1/CV%20-%20LEG%20-%20National%20Housing%20Policy%20(2019)%20-%20OR-OFF(pt).pdf [ bare URL PDF ]
  14. ↑ https://database.ilga.org/api/downloader/download/1/CV%20-%20LEG%20-%20Legislative%20Decree%20No.%204-2015%20(2015)%20OR-OFF(pt).pdf [ bare URL PDF ]
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