WHILE WE ARE DISCUSSING ANDUCTIONS
ISAAC MWANZA PUSHES COURT FOR LGBTQ RIGHTS
Zambia Constitutional Court Faces Landmark LGBTQ+ Rights Case
The Constitutional Court of Zambia is set to hear a landmark case challenging the constitutionality of Section 155 of the Penal Code, which criminalizes “carnal knowledge against the order of nature.” The petition has been filed by prominent governance activist Isaac Mwanza and the Zambian Civil Liberties Union (ZCLU), a non-profit human rights organization.
The petitioners are arguing that the vague and ambiguous language of Section 155, which does not clearly define what constitutes acts “against the order of nature,” is unconstitutional as it violates the principle of legal certainty enshrined in the Zambian Constitution. They allege that the law is being used to discriminate against LGBTQ+ individuals, in contravention of the Constitution’s guarantee of equality and non-discrimination.
The case also challenges the use of invasive and degrading forensic anal examinations conducted by the police to gather evidence of alleged “unnatural offences.” The petitioners argue that such practices violate the constitutional right to human dignity.
Furthermore, the petitioners assert that Section 155 unreasonably restricts the private sexual conduct of consenting adults, infringing on their constitutional rights to privacy, freedom of conscience, and personal autonomy.
At the heart of the case is the question of whether the law’s broad and vague language around the “order of nature” is unconstitutionally ambiguous, and whether the law’s selective application to same-sex conduct amounts to unlawful discrimination. The issue of gay rights has been a contentious one in Zambia, with leaders in the previous administrations defending the existence of these laws on the basis of the country’s status as a Christian nation questions as to the ruling UPND stance on this are now loud as the petitioner Isaac Mwanza is an alleged UPND sympathiser.
The petitioners are seeking a declaration that Section 155 is unconstitutional, and are urging the court to either repeal the provision or provide a clear and exhaustive list of the sexual acts that are considered to be in accordance with the “order of nature.”
The case has drawn significant attention in Zambia, where there has been ongoing debate and controversy over the application of the law against LGBTQ+ individuals and activists. The court’s ruling could have far-reaching implications for the protection of LGBTQ+ rights and the advancement of constitutional principles of equality, non-discrimination, and personal freedom in the country.