Decriminalisation of consensual same-sex acts in Angola and the progress of LGBTI human rights in Lusophone AfricaPosted: 5 March, 2021
Author: Rui Garrido
Ph.D Candidate, University Institute of Lisbon (Portugal)
On 11 February 2021, the new Angolan Penal Code officially entered in force. This new legislation represented a major achievement for LGBTI people not only in Angola, but across the rest of Africa. It is important to highlight that, while the Penal Code was approved in Parliament in 23 January 2019, it was only officially published on 11 November 2020. Prior to this, the criminal legislation, the Portuguese Criminal Code (1886), inherited from colonialism, criminalised the “vices against nature” (art. 71)), a very vague formulation for deemed to refer to consensual same-sex conduct. Angola was the last of the African former Portuguese colonies to repeal the colonial legislation.
Author: Joelle Dountio
PhD candidate, Faculty of Law, University of Pretoria
Religion, traditional cultural beliefs and law are all used by humans to fuel hatred, stigma, and discrimination towards homosexuals. The rights to equality, non-discrimination and freedom from torture, cruel, inhuman and degrading treatment as upheld by the International Bill of Rights and other human rights instruments are, for the most part, all recognised in the constitutions and other national laws of most African countries. However, 36 of the 54 African countries have punitive laws on homosexuality. Meanwhile, homosexuality is a sexual orientation and a prohibited ground for discrimination under international human rights law (Toonen v. Australia).
Historically, religion has been used to justify some of the worst atrocities committed against human beings. Some of these atrocities include: slavery, the holocaust, apartheid, racism and terrorism. Today, the Bible is used to justify homophobia based on the famous kingdoms of Sodom and Gomorrah. The question I ask is, does the Bible really mean that we should kill these people as is happening today? And even if it does mean this, what about other practices for which the Bible says people should be killed? This Bible says married women who have sexual relations outside their marriage should be killed. The Bible says we should sell all we have and give the money to the poor. The Bible says we should not make carved images of anything in heaven. Why do Christians not apply these? Apparently man chooses to follow only those sections of the Bible which suit him and enable him to meet his selfish goal irrespective of the consequences to others. Is this not hypocrisy?