LGBT rights in Angola
| LGBT rights in Angola | |
|---|---|
 | |
| Same-sex sexual activity legal? | Illegal |
| Discrimination protections | Yes, for sexual orientation (employment only) |
| Family rights | |
| Recognition of relationships | No |
LGBT rights in Angola have seen some improvement in the early half of the twenty-first century. Angola no longer prohibits private, non-commercial homosexual conduct between consenting adults. Some NGOs in Angola, that are working on AIDS-HIV education, are beginning to work with the LGBT community, and there are no reports of LGBT people being specifically targeted for harassment in Angola by police or vigilant groups.
Constitutional rights
LGBT citizens were not expressly mentioned in the previous Constitution, ratified in 1992. The new Constitution of 2010 does make some general provisions concerning human rights, freedom, equality and tolerance that may apply to all citizens, irrespective of sexual orientation or gender identity. For example, the Constitution stipulates that the government will work to secure equal rights and opportunities for all citizens, irrespective of, among other things, "any other form of discrimination".[1]
Laws regarding same-sex sexual acts
The age of consent in Angola is 12.[2] However, while rarely prosecuted, sexual relations with a child between the ages of 12 and 15 can sometimes be considered sexual abuse which is punishable with up to 8 years in prison.[3]
Criminal laws
Articles 70 and 71 of the national penal code contained a vaguely worded prohibition against public immorality, which may have be used to punish LGBT people for their sexual orientation or gender identity.
The penal code was revised in 2011, to remove these laws, but the older edition of the penal code is still sometimed used by judges. (See U.S. Library of Congress "Laws On Homosexuality In African nations." 2015)
Political parties and non-governmental organizations
The three major political parties have not formally addressed LGBT in their respective party platforms. On the rare occasion that politicians and other government officials have dealt with LGBT people or rights, their policies have reflected prevailing attitudes.
In 2010, the Angolan government refused to receive openly gay Isi Yanouka as the new Israeli ambassador, allegedly due to his sexual orientation.[4]
The government does allow for non-governmental organizations (NGOs) to exist in Angola, and some charities have begun to work with members of the LGBT community with regards to AIDS-HIV education.
Discrimination protections
The General Labour Law (7/15) which came into effect on 15 September 2015, prohibits employment discrimination on the basis of sexual orientation, among other categories.[5][6]
Society
In the 1920s, a German anthropologist named Kurt Falk published his research on African tribes, which included some acceptance of bisexuality.[7] Yet, this is not the norm within contemporary Angola.
Prevailing social attitudes about sexual orientatiation tend to reflect traditional Catholic and Protestant values concerning human sexuality and gender roles. These values and mores do shape public policy.
Some LGBT people in Angola have reported being harassed by people who believe that they are immoral, and the Angola government allegedly refused to accept the Israeli ambassador because he was gay. Yet, signs of more liberal attitudes do exist.
Some LGBT Angolans have reported being verbally and physical harassed by people who believe that they are immoral,[8] but there are also some signs of tolerance.
One of the most popular musical artists in Angola is a transsexual person who goes by the name Titica. She is part of a growing rap-techno fusion music style known as "kuduro".[9]
Family
In general, significant social pressure is put on people to marry a suitable partner of the opposite sex and have children.[8]
As of 2011, no legal recognition exists for same-sex couples. In 2005, the unofficial commitment ceremony of a gay couple was treated as "shameless" and "abominable" in the national news magazines.[10]
HIV/AIDS
Legally, people living with HIV-AIDS in Angola are entitled to health care services and protection from employment discrimination.
Efforts to develop educational program specifically for LGBT people have struggled to receive funding from NGOs. The first association, Acção Humana (Human Action), was launched in 2006 but has been unable to receive funding. In 2007, a study on AIDS-HIV estimated that roughly five percent of HIV infections are from men who have sex with other men.[8]
An AIDS-HIV educational program for LGBT in Angola is just beginning to develop, through the work of NGOs, such as the Population Services International.
Summary table
| Same-sex sexual activity legal |  (not enforced) |
| Equal age of consent | (not enforced) |
| Anti-discrimination laws in employment only |  (Since 2015) |
| 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 | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military |  |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
See also
Notes
- ↑ http://www.wipo.int/wipolex/en/text.jsp?file_id=196467 (WIPO Lex)
- ↑ "Comparative Criminology | Africa - Angola". Rohan.sdsu.edu. 2001-09-11. Retrieved 2014-02-19.
- ↑ "Country Reports on Human Rights Practices". State.gov. 2012-05-24. Retrieved 2014-02-19.
- ↑ Hartman, Ben (2010-04-30). "Was diplomat denied post in Angola because he is openly gay?". Jpost.com. Retrieved 2012-08-13.
- ↑ STATE-SPONSORED HOMOPHOBIA A WORLD SURVEY OF SEXUAL ORIENTATION LAWS: CRIMINALISATION, PROTECTION AND RECOGNITION
- ↑ "Employment & labour law in Angola". Lexology. 15 September 2015.
- ↑ ANGOLA - STATUS OF SEXUAL MINORITIES, International Gay and Lesbian Human Rights Commission, at the Asylum Documentation Program /SF website
- 1 2 3 Angola: Gays and lesbians: Invisible and vulnerable
- ↑ Redvers, Louise (2012-04-12). "BBC News - Transsexual artist Titica takes Angola by storm". Bbc.co.uk. Retrieved 2012-08-13.
- ↑ "Angola News & Reports". Globalgayz.com. Retrieved 2012-08-13.
External links
- Asylumlaw.org: Sexual Minorities & HIV Status (Angola) — various information packets used for asylum purposes
- Angola travel advice: Local laws and customs — UK government