Anti-Semitism

The Jewish population was small, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination specifically against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, or access to government services such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The Immigration Act prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

In December 2019 the Court of Appeal upheld the 2016 ruling of the Supreme Court that overturned a section of the criminal code decriminalizing consensual same-sex relations between adults. The government made the appeal after pressure from the churches that disagreed with the court’s interpretation of sex. As of October the government had declined to appeal the case to the Caribbean Court of Justice–the highest appellate court in the region–nor had the Council of Churches publicly called for such an appeal.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. UniBAM stated that discrimination and assault based on these factors continued to be substantially underreported, and its director noted that in communities with strong religious affiliation, police officers often refused to take reports from victims of discrimination. According to UniBAM, LGBTI persons continued to be denied medical services and education and encountered family-based violence.

According to a study conducted by Our Circle, a local LGBTI rights advocacy group, 13 percent of respondents felt unsafe in their homes because of their sexuality, 70 percent of whom lived in the Stann Creek District. A survey conducted by Rights Insight found that 34 percent of respondents believed LGBTI persons were treated unfairly, compared to other groups.

Anti-Semitism

There was a very small Jewish population, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, or intersex (LGBTI) status or conduct, but the penal code includes language that has been interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. Specifically it criminalizes “unnatural acts,” with a penalty if convicted of up to seven years’ imprisonment. There was widespread belief this was directed against LGBTI persons. In June 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. The ruling party welcomed the decision. The government, however, has since appealed the judgment. Consideration of this matter by the Court of Appeals was delayed when the court system shut down for seven weeks as a consequence of the country’s COVID-19 response. A court date for the appeal had not been set as of November, and the existing laws on same-sex sexual activity remained in effect. Security forces generally do not enforce these laws.

There were no reports police targeted persons suspected of same-sex sexual activity. There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity. There were no reported cases of authorities investigating abuses against LGBTI persons, however. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally as a result of overt official intimidation.

In July a transgender woman was given a sentence of flogging by a traditional court after being convicted of violating public order for insulting another person. By traditional law women are excluded from flogging in the traditional courts due to modesty concerns over removing a blouse for canings. The transgender person was not afforded this exception but was able to avoid the punishment after a doctor deemed she was too ill for corporal punishment. She paid a fine instead.

Public meetings of LGBTI advocacy groups and debates on LGBTI matters occurred without disruption or interference. In 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to register the NGO Lesbians, Gays, and Bisexuals of Botswana (LeGaBiBo) formally. LeGaBiBo has since participated in government-sponsored events.

Anti-Semitism

The Jewish community is very small, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons, although gradually lessening, remained a concern, and LGBTI persons often concealed their sexual orientation and gender identity. LGBTI persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. Despite these barriers, LGBTI persons conducted several well publicized public events during the year, including a virtual pride celebration and various organized dialogues, all of which occurred without incident. In contrast to prior years, the government invited outspoken LGBTI rights advocates to participate in government-hosted workshops and dialogues designed to improve public policy, promote inclusion, and develop better economic opportunities for the youth.

Anti-Semitism

The Jewish population was very small, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the year parliament reversed the July 2019 revised penal code that criminalized consensual same-sex sexual conduct between adults. On June 23, the National Assembly  approved a government bill decriminalizing consensual same-sex sexual conduct between adults; on June 29, the Senate approved the criminalization reversal; and on July 7, the president signed it into law. The law does not limit freedom of speech or peaceful assembly rights for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There are no specific antidiscrimination or hate crime laws or other criminal justice mechanisms designed to aid in the prosecution of bias-motivated crimes. There were reports from civil society organizations and media of LGBTI persons being targeted for abuse. Such incidents were rarely reported to police, however. A case that drew attention during the year, however, was that of a gay couple who were arrested and charged after their marriage ceremony for violating “the good morals of society” and for failing to obtain legal authority to be married. Societal discrimination in employment and housing were problems, particularly for openly LGBTI persons.

Anti-Semitism

Excluding expatriates, the Jewish community had fewer than five members. There were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity among men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. A law criminalizing cross-dressing remains despite a 2018 decision by the Caribbean Court of Justice that the law is unconstitutional.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics. NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly. A leading lesbian, gay, bisexual, transgender, and intersex (LGBTI) NGO reported frequent acts of violence against members of the LGBTI community.

Anti-Semitism

The Jewish population was very small, and there were no reports of anti-Semitic acts. Neo-Nazi groups active in the country tended to target other Asian nationalities and not Jews.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Instances of covert police surveillance of LGBTI persons and social events, arbitrary detentions, intimidation, threats, and physical and sexual assaults by police were reported. In addition LGBTI prisoners also reportedly suffered physical and sexual abuse from other inmates.

An NGO noted that despite increased police awareness of abuses faced by the LGBTI community and capacity to respond to problems affecting LGBTI persons, there were reported cases involving police harassment of LGBTI victims of alleged crimes. Authorities frequently dismissed charges when a crime victim was an LGBTI person.

LGBTI individuals faced violence and discrimination both in public and at home based on their sexual orientation or gender identity. There were reports LGBTI persons faced greater discrimination and fear in rural areas than in Ulaanbaatar due to less public awareness and limited online media accessibility in rural areas. The NGO LGBT Center received reports of violence against LGBTI persons, most involving young persons disclosing their LGBTI status to their families or whose families discovered they were LGBTI.

Evidence gathered from the LGBTI community suggested a lack of understanding of sexual minorities among health-care providers, as well as a lack of understanding of the attendant physical and psychological problems members of the LGBTI community might face. LGBTI persons said they feared that the disclosure of their sexuality to health-service providers would lead to ridicule, denial of service, or reporting of their sexuality to other government authorities. Evidence indicated a higher suicide rate among the LGBTI community, particularly among youth, than among the general population.

There were reports of discrimination against LGBTI persons in employment.

Anti-Semitism

There was a small Jewish community of fewer than 100 persons in the country, most of whom lived in Windhoek. There were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution does not prohibit discrimination based on sexual orientation. Although Roman-Dutch common law inherited at independence criminalizes sodomy, the ban was not enforced. The law defines sodomy as intentional anal sexual relations between men. This definition excludes anal sexual relations between heterosexual persons and sexual relations between lesbians. Many citizens considered same-sex sexual activity to be taboo.

Gender discrimination law does not address discrimination based on sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced harassment when trying to access public services. There were isolated reports of transgender persons being harassed or assaulted. Some politicians opposed any legislation that would specifically protect the rights of LGBTI persons. The ombudsman favored abolition of the common law offense of sodomy. LGBTI groups conducted annual pride parades recognized by the government as constitutionally protected peaceful assembly.

Anti-Semitism

There was no indigenous Jewish population. One Arabic-language newspaper featured at least one cartoon critical of the Israeli government in which a man wearing the Star of David represented the state of Israel.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes consensual same-sex sexual conduct with a jail term of six months to three years, but it requires a spouse or guardian complaint to initiate prosecution. The government did not actively enforce this law.

The penal code identifies “crossdressing” (defined as males dressing in female clothing) as a criminal act punishable by up to one year’s imprisonment.

Public discussion of sexual orientation and gender identity remained a social taboo. There were no known lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations active in the country; however, regional human rights organizations focused on the human rights of LGBTI citizens. Authorities took steps to block LGBTI-related internet content.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address discrimination.

Anti-Semitism

There was no Jewish community, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

An 1861 law criminalizes same-sex sexual activity between men. There is no legal prohibition against same-sex sexual activity between women. The law, which carries a penalty of life imprisonment for “indecent assault” upon a man or 10 years’ imprisonment for attempting such an assault, was not enforced. The constitution does not offer protection from discrimination based on gender identity or sexual orientation. Lesbian, gay, bisexual, transgender and intersex (LGBTI) civil society groups alleged that because the law prohibits same-sex sexual activity between men, it limits LGBTI persons from exercising their freedoms of expression and peaceful assembly. The law, however, does not restrict the rights of persons to speak out on LGBTI human rights. No hate crime law covers bias-motivated violence against LGBTI persons. The law does not address transgender persons.

A few organizations, including Dignity Association, supported LGBTI persons, but they maintained low profiles. Although LGBTI groups noted that police bias against LGBTI individuals had not disappeared, they did report that police were increasingly treating LGBTI persons with understanding.

LGBTI advocates reported that the community faced challenges ranging from violence, stigma, discrimination, blackmailing, and public attack to denial of public services such as health care and justice. Advocates reported LGBTI persons faced no discrimination in schools. The government reportedly registered a transsexual organization in 2018, and advocates stated they have engaged with the HRCSL on LGBTI matters.

It was difficult for LGBTI individuals to receive health services; many chose not to seek medical testing or treatment due to fear their right to confidentiality would be ignored. Obtaining secure housing was also a problem for LGBTI persons. Families frequently shunned their LGBTI children, leading some to turn to commercial sex to survive. Adults risked having their leases terminated if their LGBTI status became public. Women in the LGBTI community reported social discrimination from male LGBTI persons and the general population.

As of September there was no information regarding any official action by government authorities to investigate or punish public entities or private persons complicit in abuses against LGBTI persons.

Anti-Semitism

There was a declared Jewish community of approximately 95 persons. There were no reports of anti-Semitic acts or discrimination.

Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity

There were few official reports of violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, primarily due to fear of retribution against the alleged victims, and because authorities reportedly did not take seriously complaints filed by members of the LGBTI community. There were reports of societal discrimination against the LGBTI community in areas of employment and housing.

The law prohibits discrimination and hate speech based on sexual orientation, specifically protecting the LGBTI community. Violations are punishable by a fine or prison sentence of up to one year. The law does not set standards for determining what constitutes such discrimination or hate speech. The law on retirement benefits specifically excludes same-sex couples from benefits granted to heterosexual couples.

Among the LGBTI community, the transgender community faced the most stigmatization and discrimination. Transgender women arrested or detained by police were placed in detention facilities for men, where they faced harassment and other violence from other detainees.

An appeals case involving the Civil Registration Office concerning the ability of transgender individuals to update legal documents to reflect their gender identity in the public registry continued.

Anti-Semitism

There was no indigenous Jewish population, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law are silent on consensual same-sex sexual conduct and other matters of sexual orientation and gender identity. In a 2019 speech on the day of a Pride March in Dili, President Lu-Olo called for a society where “all citizens can live free from discrimination, violence, and fear.” While physical abuse in public or by public authorities was uncommon, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons were often verbally abused and discriminated against in some public services, including at medical centers. The NGO CODIVA (Coalition on Diversity and Action) noted transgender members of the community were particularly vulnerable to harassment and discrimination. A 2017 study conducted for Rede Feto, the national women’s advocacy network, of lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTI individuals.

Access to education was limited for some LGBTI persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level. Civil society organizations asked the government to include LGBTI community issues in its national inclusive-education policy. CODIVA conducted LGBTI awareness training sessions for national police officers throughout the country.

Anti-Semitism

There were fewer than 500 persons in the Jewish community, and there were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, and penalties for conviction of engaging in “acts against the order of nature” are 15 years’ to life imprisonment. Conviction of the lesser charge of gross indecency carries penalties of up to 14 years’ imprisonment. The government continued to reject calls to recognize and protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. In September 2019 while attending the 74th Session of the UN General Assembly, the president reiterated that LGBTI rights “cannot be replicated in Zambia because they are a taboo” in local culture. The government enforced laws against same-sex sexual activity and did not address societal discrimination against LGBTI persons. In November 2019 the Lusaka High Court upheld the convictions of two Kapiri Mposhi gay men for consensual same-sex sexual conduct and sentenced them to the mandatory minimum sentence of 15 years’ imprisonment. In May the president pardoned the two men along with other inmates released as a COVID-19-induced health measure reducing prison overcrowding.

Societal violence against persons based on gender identity and sexual orientation occurred. LGBTI persons in particular were at risk of societal violence due to prevailing prejudices, misperceptions of the law, lack of legal protections, and inability to access health-care services. Most politicians, media figures, and religious leaders expressed opposition to basic protections and human rights for LGBTI persons and same-sex marriage.

According to LGBTI advocacy groups, societal violence against LGBTI persons occurred, as did discrimination in employment, housing, and access to education and health care. LGBTI groups reported frequent harassment of LGBTI persons and their families, including threats via text message and email, vandalism, stalking, and outright violence. Freedom of expression or peaceful assembly on LGBTI issues remained nonexistent.

Anti-Semitism

The Jewish community numbered approximately 150 persons. There were no reports of anti-Semitic acts.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

According to the criminal code, “any act involving physical contact between men that would be regarded by a reasonable person to be an indecent act” carries a penalty if convicted of up to one year in prison or a substantial fine. There were no known cases of prosecutions of consensual same-sex sexual conduct.

Members of Gays and Lesbians of Zimbabwe (GALZ), the primary organization dedicated to advancing the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, experienced harassment and discrimination against members seeking employment and health services. Transsmart, another active LGBTI group, reported their members believed they were unsafe and unwelcome in churches due to deeply held religious and social stigmas in society. There is no legal option to change gender pronouns on state identity cards, creating identification and travel difficulties for transgender persons. The mismatch between gender presentation and identification pronouns can lead state officials, police, and potential employers to believe the individual is committing identity theft, sometimes leading to criminal arrest.

GALZ reported its membership had more than doubled since 2015. The group noted a decline in the arrest and detention of LGBTI community members but reported half of gay men had been physically assaulted and 64 percent had been disowned by their families. Of lesbians, 27 percent reported harassment, assault, or disownment.

LGBTI persons were vulnerable to blackmail because of the criminality and stigma associated with same-sex conduct. LGBTI advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTI persons. It was common for blackmailers to threaten to reveal one’s sexual identity to police, the church, employers, or family if the victim refused to render payment.

According to GALZ, LGBTI persons often left school at an early age due to discrimination. Higher-education institutions reportedly threatened to expel students based on their sexual orientation. Members of the LGBTI community also had higher rates of unemployment and homelessness.

GALZ reported that many persons who identified themselves as LGBTI did not seek medical care for sexually transmitted diseases or other health problems due to fear that health-care providers would shun them or report them to authorities. Public medical services did not offer hormone therapy or gender-confirmation surgeries to the transgender and intersex community. A small number of private clinics provided testosterone therapy, but patients seeking estrogen therapy were required to purchase and self-administer the medicines privately or travel to neighboring countries where treatment was available. Some parents treated their children’s identity as an intellectual disability and forced transgender youth into mental health institutions.