…. As 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.
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