Zambia (2nd cycle)
For a summary of Zambia’s review at the first cycle please click here.
14th UPR session
Date of review: 30th October 2012
Date of report adoption: March 2013
Working Group report: A/HRC/22/x
Recommendations: Ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity.
Recommendations: Follow up on the recommendations by its National Aids Council, and include men having sex with other men in its HIV/AIDS policies.
Recommendations: Repeal the law criminalizing same-sex relations among consenting adults; Study the possibility of strengthening measures to eliminate all discriminatory treatment based on sexual orientation and gender identity.
Status: Pending to HRC22 (March 2013)
I. Key issues/recommendations identified by NGOs
- Review the High Commissioner’s report on sexual orientation and gender identity, and consider implementing the recommendations.
II. Excerpts from input reports
1. The Republic of Zambia was reviewed under the Universal Periodic Review in May, 2008. Following the review, Zambia accepted nineteen recommendations and undertook to consider eleven recommendations and inform the Human Rights Council of its position during the eighth session of the Council. Zambia did not accept three recommendations. [Footnote: The recommendations that were not accepted included the recommendation that Zambia should de-criminalise same-sex sexual activity between consenting adults and that Zambia should develop programmes to respond to the HIV/AIDS related needs of sexually active gay men.] The recommendations that were accepted were made available to various government departments and ministries to ensure that the recommendations are implemented through institutions’ strategic plans.
Compilation of UN information
There were no references to sexual orientation or gender identity.
Summary of stakeholder information
II. Information provided by other stakeholders
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
2 Right to life, liberty and security of the person
25. JS 2 stated that the prevalence of HIV/AIDS in prisons have been attributed to a number of factors including men having sex with men, tattooing and intravenous drug use. It made recommendations including addressing same sex activity through HIV/AIDS programmes and the recognition of conjugal rights for all married prisoners. UOCL-IHRC made recommendations including the distribution of condoms in prison to reduce the transmission of HIV/AIDS.
III. References to SOGI during the Working Group review
36. Norway […] welcomed the enactment of the 2011 Anti-Gender Based Violence Act while expressing concern over the persistence of gender violence. It raised stakeholders’ concerns over prohibited consensual same-sex activity. It made recommendations.
55. The United Kingdom of Great Britain and Northern Ireland […] encouraged Zambia to continue addressing gender inequalities and gender-based balance; improve enforcement of the employment law; and legislate to protect LGBT rights. It made recommendations.
62. Australia expressed concern over criminalisation of consensual same-sex relationships. It made recommendations.
66. With regard to issues relating to LGBT persons, the delegation [of Zambia] stated that the Constitution making process will give the people the opportunity to determine whether specific rights for LGBT persons should be enshrined in the Constitution. The Government was determined not to prescribe to the Zambian people those rights that the Constitution should contain, but to let them make such a determination.
85. Germany […] would welcome extension of Zambia’s anti-discrimination commitment to sexual orientation.
IV. Conclusions and/or recommendations
103. The recommendations listed below enjoy the support of Zambia:
103.43. Ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity (Norway).
104. The recommendations listed below will be further examined by Zambia and responses will be provided in due time, but no later than the 22nd session of the Human Rights Council in March 2013. These responses will be included in the outcome report adopted by the Human Rights Council at its 22nd session in March 2013:
104.20. Eliminate criminalization of homosexual relations as well as the elimination of all discriminatory practice towards LGBT persons (Spain);
104.21. Decriminalise same-sex relationships between consenting adults and strengthen efforts to address inequality and discrimination based on sexual orientation (Australia);
104.22. Repeal laws that criminalize a person’s sexuality (Canada);
104.23. Repeal the law criminalizing same-sex relations among consenting adults (France);
104.24. Review and repeal domestic law which criminalizes sexual orientation (Uruguay);
104.35. Study the possibility of strengthening measures to eliminate all discriminatory treatment based on sexual orientation and gender identity (Argentina).
105. The recommendations below did not enjoy the support of Zambia
105.1. Follow up on the recommendations by its National Aids Council, and include men having sex with other men in its HIV/AIDS policies (The Netherlands).
V. Adoption of the Report
The report of the working group is due to be adopted at the 22nd regular session of the Human Rights Council in March 2013.
VI. Further information
For first cycle reports of Zambia, please see here
National report 1 : A | C | E | F | R | S
Compilation of UN information 2: A | C | E | F | R | S
Summary of stakeholders’ information 3: A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2: E
Addendum 3 : E
Addendum 4 : E
Outcome of the review
Draft Report of the Working group: E
 This was the only recommendation to be rejected outright by Zambia