LGBT rights in Lesotho | |
---|---|
Status | Legal since 2012 [1] [2] |
Gender identity | Unknown |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
LGBT people face societal rejection and discrimination in Lesotho. Nevertheless, attitudes towards members of the LGBT 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]
There is no specific protection against discrimination based on sexual orientation or gender identity. [7]
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. [9]
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. [10]
Similarly to other Southern African countries, reports of discrimination, family rejection, violence and harassment against LGBT people are not uncommon. [11]
LGBT Basotho may face discrimination in employment, access to health care, housing, access to education, and in other areas. As such, many LGBT 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). LGBT activists have begun reaching out to HIV-positive people, and offering prevention strategies. [12]
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. [13]
The Matrix Support Group is an LGBT NGO. It strives "to build an environment where LGBT people can freely express their human rights, and contribute to the social, political and economical development of Lesotho". [14] 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. [11]
The U.S. Department of State's Country Reports on Human Rights Practices for 2016 stated that: [15]
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. However, an opposition movement led by vigilante Gomery Thompson responded with a series of violent riots.
Same-sex sexual activity legal | (Since 2012) |
Equal age of consent (18) | (Since 2012) |
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) | |
Same-sex marriages | |
Recognition of same-sex couples | |
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 | (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 (LGBT) 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 (LGBT) people in Cambodia face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Cambodia. Cambodia provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Danish lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. In 2023, ILGA-Europe ranked Denmark as the third most LGBT-supportive country in Europe. Polls consistently show that same-sex marriage support is nearly universal amongst the Danish population.
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 same-sex sexual activity are legal in Cyprus since 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.
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) people in Norway have the same legal rights as non-LGBT people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded greater protections than those in many other African countries. 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT 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, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007, Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a trans woman and a cisgender gay man occurred in November 2023. Nepal will be the first least developed country and the first in South Asia to legalize same-sex marriage, and the second in Asia after Taiwan.
Lesbian, gay, bisexual and transgender (LGBT) rights in Laos go unreported and unnoticed. While homosexuality is legal in Laos, it is very difficult to assess the current state of acceptance and violence that LGBT people face because of government interference. Numerous claims have suggested that Laos is one of the most tolerant communist states. Despite such claims, discrimination still exists. Laos provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. Households headed by same-sex couples are not eligible for any of the rights that opposite-sex married couples enjoy, as neither same-sex marriage nor civil unions are legal.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Vanuatu may face legal challenges not experienced by non-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBT 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-LGBT 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 Micronesia may face challenges not faced by non-LGBT people. 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. Discrimination on the basis of sexual orientation has been illegal since 2018.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, 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.
The following outline offers an overview and guide to LGBT topics.
Lesotho does not recognise same-sex marriages or civil unions.