| Part of the LGBT rights series |
 LGBT portal |
Zimbabwe does not recognize same-sex marriages or civil unions. The Marriages Act does not recognise same-sex marriage, and civil partnerships are only available to opposite-sex couples. The Constitution of Zimbabwe explicitly prohibits same-sex marriages.
While many modern-day Zimbabwean cultures historically practiced polygamy, there are no records of same-sex marriages as understood from a Western perspective being performed in those cultures. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. [1] In the 1990s, Canadian researcher Marc Epprecht wrote about pederastic marriages in colonial Zimbabwe. Contemporary oral evidence suggests that same-sex relationships were "common" and "prevelant" in Zimbabwe in the early 20th century, with research by Epprecht estimating that between 70% and 80% of men at the mines took on male sexual partners. It was during this time through the mining compounds and the influence of the Zulu language that the contemporary term ngochani, meaning "homosexual", entered the Shona language. [2] These relationships differed strongly from the Western understanding of same-sex marriages, as men who entered these "mine marriages" continued to marry women and "conform, or appear to conform, to gender expectations", and would not consider themselves as homosexual or bisexual, or "unfaithful to [their] marriage vows". Epprecht further wrote that "enabling migrant men to conserve their health and resources against the temptations of [local] women [in towns near the mines], ngochani strengthened their ability to shore up proper, fecund marriages [back home]". [3] This practice disappeared as Zimbabwe became more modernized and exposed to Christianity and Western culture in the late 19th century and early 20th century. [4]
Although in very close proximity, South Africa and Zimbabwe have contrasting political histories in their post-colonial states with regard to LGBT rights. While South Africa's post-apartheid state entrenched LGBT rights in its constitution and legalised same-sex marriage in November 2006, making it the first African nation and the fifth in the world to recognise same-sex marriages, Zimbabwe's post-independent state has strongly opposed homosexuality and same-sex unions. Gays and lesbians experience severe societal and legal discrimination in Zimbabwe, often fleeing to South Africa "to enjoy greater freedom". [5]
The Marriages Act (Shona : Mutemo weWanano; [6] Northern Ndebele : uMthetho woMtshado), [lower-alpha 1] enacted in 2022 by the Parliament of Zimbabwe, defines civil marriage as "[being] monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law." Although it does not explicitly forbid same-sex marriages, it generally refers to married spouses as "man" and "woman". Civil partnerships, legalised with the passage of this new law in 2022, are explicitly defined as being between "a man and a woman" who are both over the age of eighteen years, and have lived together on a genuine domestic basis without legally being married. [12] However, Article 78 of the Constitution of Zimbabwe contains an explicit ban on same-sex marriages: [13]
Persons of the same sex are prohibited from marrying each other. [lower-alpha 2]
This ban was introduced in 2013 following the adoption of a new constitution. The previous constitution enacted in 1980 did not contain such a ban. [16] The new constitution was presented to Parliament on 5 February 2013 and subsequently approved in a referendum on 16 March 2013. [17] Parliament approved it on 9 May and President Robert Mugabe signed it into law on 22 May 2013.
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [18] However, the Zimbabwe Catholic Bishops' Conference issued a statement on 22 December that "locally, many Catholics and those who look up to the Catholic Church are asking questions and wondering if the declaration marks a paradigm shift in the doctrine of the Church on marriage. While we have great appreciation of the declaration and the guidance it gives on blessings, we are also sensitive to the anxiety and confusion that has arisen. We would like to reiterate that the declaration is not about the change of the doctrine on marriage and neither is it about an approval of same sex unions in the Church. It is about blessings. In respect of the law of the land, our culture and for moral reasons we instruct pastors to desist from actions that may be deemed as the blessing of same-sex unions bringing confusion and even scandal to our people." [19] [20]
Since the 1990s, the Anglican Communion has struggled with controversy regarding homosexuality in the church. In 1998, the 13th Lambeth Conference of Anglican bishops passed a resolution "rejecting homosexual practice as incompatible with Scripture". However, this is not legally binding. "Like all Lambeth Conference resolutions, it is not legally binding on all provinces of the Communion, including the Church of England, though it commends an essential and persuasive view of the attitude of the Communion." "Anglican national churches in Brazil, South Africa, South India, New Zealand and Canada have taken steps toward approving and celebrating same-sex relationships amid strong resistance among other national churches within the 80 million-member global body. The Episcopal Church in the U.S. has allowed same-sex marriage since 2015, and the Scottish Episcopal Church has allowed same-sex marriage since 2017." In 2017, clergy within the Church of England indicated their inclination towards supporting same-sex marriage by dismissing a bishops' report that explicitly asserted the exclusivity of church weddings to unions between a man and a woman. At General Synod in 2019, the Church of England announced that same-gender couples may remain recognised as married after one spouse experiences a gender transition. In 2023, the Church of England announced that it would authorise "prayers of thanksgiving, dedication and for God's blessing for same-sex couples."
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
The blessing or wedding of same-sex marriages and same-sex unions is an issue about which leaders of Christian churches are in ongoing disagreement. Traditionally, Christianity teaches that homosexual acts are sinful and that holy matrimony can only exist between two persons of different sexes. These disagreements are primarily centred on the interpretation of various scripture passages related to homosexuality, sacred tradition, and in some churches on varying understandings of homosexuality in terms of psychology, genetics and other scientific data. While numerous church bodies have widely varying practices and teachings, individual Christians of every major tradition are involved in practical (orthopraxy) discussions about how to respond to the issue.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
Lesbian, gay, bisexual, and transgender (LGBT) people in Zimbabwe face legal challenges not experienced by non-LGBT residents. Since 1995, the Government of Zimbabwe has carried out campaigns against LGBT rights. Sodomy is classified as unlawful sexual conduct and defined in the Criminal Code as either anal sexual intercourse or any "indecent act" between consenting adults. Since 1995, the government has carried out campaigns against both homosexual men and women.
The Catholic Church condemns same-sex sexual activity and denies the validity of same-sex marriage. While the Church opposes "unjust" discrimination against homosexual persons, it supports what it considers "just" discrimination in the employment of teachers or athletic coaches, in adoption, in the military and in housing. The Catechism of the Catholic Church promulgated by Pope John Paul II considers sexual activity between members of the same sex to be a grave sin against chastity and sees homosexual attraction as objectively disordered. However, the Catechism also states that homosexuals "must be accepted with respect, compassion, and sensitivity". This teaching has developed through papal interventions, and influenced by theologians, including the Church Fathers.
The National Anthem of Zimbabwe, also known by its incipit in Shona, "Simudzai Mureza wedu WeZimbabwe", and the final line of each verse in Ndebele, "Kalibusiswe Ilizwe leZimbabwe", was introduced in March 1994 after a nationwide competition to replace the South African-derived "Ishe Komborera Africa" with a distinctly Zimbabwean song. The winning entry was a Shona song written by Professor Solomon Mutswairo and composed by Fred Changundega. It was translated into English and Ndebele, the two other main languages of Zimbabwe. The Ndebele version is mainly sung in the Matebeleland regions of Zimbabwe, while the English version is not commonly sung. Some schools in Matabeleland South have introduced the Sotho/Tswana version.
Lesbian, gay, bisexual, and transgender (LGBT) people in Rwanda face legal challenges not experienced by non-LGBT 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 LGBT people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBT 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". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally limited in comparison to the Americas, Western Europe and Oceania.
Nigeria does not recognize same-sex marriages or civil unions for same-sex couples. Homosexuality among men is punishable with up to 14 years' imprisonment in Southern Nigeria and may result in capital punishment for men in areas under Sharia Islamic law in the northern part of the country. Individuals who "perform, witness, aid or abets" a same-sex marriage may face severe penalties.
IsiNgqumo, or IsiGqumo, is an argot used by homosexuals of South Africa and Zimbabwe who speak Bantu languages, as opposed to Gayle, a language used by the homosexuals of South Africa who speak Germanic languages. IsiNgqumo developed during the 1980s. Unlike Gayle, IsiNgqumo has not been thoroughly researched or documented, so figures on numbers of speakers are nonexistent.
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
Same-sex unions are currently not performed in Namibia. The Supreme Court ruled 4–1 on 16 May 2023 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling is currently pending in the Parliament of Namibia.
GALZ An Association of LGBTI People in Zimbabwe is an organisation established in 1990 in Harare to serve the needs of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community in Zimbabwe. GALZ's vision is "a just society that promotes and protects human rights of LGBTI people as equal citizens in Zimbabwe".
Lesotho does not recognise same-sex marriages or civil unions.
Angola does not recognize same-sex marriages or civil unions. The Family Code of Angola recognises de facto unions but only for opposite-sex couples and bans same-sex marriage.
Fiducia supplicans is a 2023 declaration on Catholic doctrine that allows Catholic priests to bless couples who are not considered to be married according to church teaching, including same-sex couples. Subtitled "On the Pastoral Meaning of Blessings", the document is dated 18 December 2023 and was released on the same day. Fiducia supplicans was issued by the Holy See's Dicastery for the Doctrine of the Faith (DDF) and approved with a signature by Pope Francis. It was the first declaration issued by the DDF since Dominus Iesus in 2000.
Botswana does not recognize same-sex marriages or civil unions. The Marriage Act does not recognise same-sex marriage.
Status of same-sex unions around the world | ||
|---|---|---|
| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
| |
| Oceania |
| |
| Antarctica |
| |
| Same-sex marriage prohibited by constitutional amendment | |
|---|---|
| Same-sex marriage and civil unions prohibited by constitutional amendment | |
