LGBT rights in Angola

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LGBT rights in Angola
Angola
Same-sex sexual activity legal? Illegal
Discrimination protections No
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)

Discrimination and harassment

Discrimination or bias motivated harassment against LGBT people is not expressly prohibited in Angola, although some news reports have stated that a revised code will prohibit some forms of discrimination on the basis of sexual orientation.[4]

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, due to his sexual orientation.[5]

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.

Society

In the 1920s, a German anthropologist named Kurt Falk published his research on African tribes, which included some acceptance of bisexuality.[6] 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 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,[7] 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".[4]

Family

In general, significant social pressure is put on people to marry a suitable partner of the opposite sex and have children.[7]

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.[8]

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.[7]

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 No
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

Notes

  1. http://www.wipo.int/wipolex/en/text.jsp?file_id=196467
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  6. ANGOLA - STATUS OF SEXUAL MINORITIES, International Gay and Lesbian Human Rights Commission, at the Asylum Documentation Program /SF website
  7. 7.0 7.1 7.2 18287
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External links