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Researched and Compiled by the Refugee Documentation Centre of Ireland on Thursday 6 & Friday 7 April 2017

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Researched and Compiled by the Refugee Documentation Centre of Ireland on Thursday 6 & Friday 7 April 2017 Zimbawe - Researched and compiled by the Refugee Documentation Centre of Ireland on Thursday 6 & Friday 7 April 2017 Treatment of homosexuals An undated document from Bridging the Gaps states that: “Even though the Constitution of Zimbabwe acknowledges all citizens' inherent dignity and guarantees the right to have that dignity respected, the the law in Zimbabwe also criminalises LGBT people. This climate of criminalisation and intimidation has increased stigma and discrimination against LGBT people, excluding them from society, services and job opportunities” (Bridging the Gaps (Undated) LGBT people project Zimbabwe). The Bertelsmann Foundation states in 2016: “There is no de jure discrimination against certain social, ethnic, sexual or religious groups. However, same sex marriages are illegal and the president publicly talks disdainfully about homosexuality. It is widely known that the police persecute homosexuals, while access to legal representation, education and health care for homosexuals is limited.” (Bertelsmann Foundation (2016) BTI 2016; Zimbabwe Country Report) A report published by OutRight Action International in March 2016 points out that: “Although the Zimbabwe Constitution provides for a right to privacy, which has been interpreted in the United States and elsewhere to protect sexual acts between consenting adults of the same sex from interference by the state, Section 73 of the Criminal Law Act specifically prohibits any male person from knowingly performing anal sexual intercourse with another male person, ‘or any other act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act.’ Prior to the codification of the Criminal Law in 2006, common law and customary laws similarly prevented gay men, and to some extent lesbians, from expressing their sexual orientation and engaging in consensual samesex conduct.” (OutRight Action International (16 March 2016) A Survey of Laws Impacting the Human Rights of Lesbian, Gay, Bisexual and Transgender Persons in Selected Southern African Countries, p.53) A publication issued in March 2016 by Human Rights Watch states that: “…Zimbabwe authorities continue to violate rights of lesbian, gay bisexual and transgender individuals (LGBT) people that are guaranteed in the 2013 constitution. A Zimbabwe Human Rights Commission report published in July 2015 showed continued prevalence of hostility and systematic discrimination by police, politicians, community and family members against LGBT people. The harassment by state agents of LGBT people continues to drive many underground.” (Human Rights Watch (March 2016) Human Rights Watch UPR Submission: Zimbabwe) A report released in May 2016 by New Zimbabwe points out that: Although Zimbabwean laws are silent on homosexuality, gays who have come out in the open about their condition have often been abused by the state and some conservative Zimbabweans who feel the practice was unAfrican. President Robert Mugabe has often disdainfully dismissed gays as worse than dogs and pigs, comments which gay rights activists feel have left their members vulnerable to abuse" (New Zimbabwe (17 May 2016) Gays and lesbians group says 55% membership harrassed by cops). A report by the United Nations Human Rights Council states in August 2016 that: “The Committee reiterated its concern about high levels of discrimination against certain groups of children, including children with disabilities, children in street situations, children living in rural areas, children born out of wedlock, orphans, children living in foster care, lesbian, gay, bisexual, transgender and intersex children and children infected with HIV or affected by HIV/AIDS.” (United Nations Human Rights Council (25 August 2016) Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21 : Zimbabwe, A/HRC/WG.6/26/ZWE/2) Development and Cooperation states in December 2016 that: “Zimbabwe’s laws concerning homosexual relations are ambiguous, and government agencies are oppressive” (Development and Cooperation (5 December 2016) Homosexual students under threat). A Voice of America news document issued in January 2017 states: “Gay rights advocates in Zimbabwe say the laws in the country present something of a Catch-22 for the LGBT community. While it is not technically illegal to be gay in Zimbabwe, it is illegal to act on it. ‘There is no law that states that one cannot be gay. It only becomes a crime once you start committing homosexual acts in public,’ said Mojalifa Mokwele, a gay rights activist in Zimbabwe. ‘If you take a look at the constitution in Zimbabwe, it is not a crime to stand in the streets and publicly state that he or she is homosexual. It is not illegal to be gay in Zimbabwe. Being homosexual is only regarded criminal in Zimbabwe once you publicly commit homosexual acts.’” (Voice of America (12 January 2017) Gay Zimbabweans Fight Stigma, Harsh Laws) A report issued in January 2017 by the Zimbabwe Human Rights NGO Forum states: “A 20-year-old male member of Gays & Lesbians of Zimbabwe (GALZ) was threatened with physical harm by members of his own family on the basis of his sexual orientation.” (Zimbabwe Human Rights NGO Forum (14 February 2017) Organised Violence & Torture Report: January 2017, p.3) In March 2017 a report issued by the United States Department of State reviewing events of 2016 notes: “LGBTI persons reported widespread societal discrimination based on sexual orientation. In response to social pressure, some families subjected their LGBTI members to "corrective" rape and forced marriages to encourage heterosexual conduct. Women in particular were subjected to rape by male family members. Victims rarely reported such crimes to police” (United States Department of State (3 March 2017) 2016 Country Reports on Human Rights Practices: Zimbabwe). In March 2017 Erasing 76 Crimes states: “Zimbabwe’s government is one of a number of African countries that outlaws same- sex relationships. The country’s president, Robert Mugabe, has openly attacked that community, famously labeling them in public gatherings as being “lower than pigs and dogs.” Homophobic Zimbabweans have interpreted those words as condoning violence towards this sexual minority and denying the victims any protection from their own government” (Erasing 76 Crimes (14 March 2017) Under a hidden rainbow, Zimbabwean gays celebrate the power of film). References Bertelsmann Foundation (2016) BTI 2016; Zimbabwe Country Report http://www.bti- project.org/fileadmin/files/BTI/Downloads/Reports/2016/pdf/BTI_2016_Zimbabwe.pdf Accessed Thursday 6 April 2017 Bridging the Gaps (Undated) LGBT people project Zimbabwe http://www.ein.org.uk/members/country-report/lgbt-people-project-zimbabwe This is a subscription database Accessed Friday 7 April 2017 Development and Cooperation (5 December 2016) Homosexual students under threat https://www.dandc.eu/en/article/homosexual-university-students-zimbabwe- are-being-harassed Accessed Friday 7 April 2017 Erasing 76 Crimes (14 March 2017) Under a hidden rainbow, Zimbabwean gays celebrate the power of film https://76crimes.com/2017/03/14/under-hidden-rainbow-zimbabwean-gays- celebrate-power-of-film/ Accessed Friday 7 April 2017 Human Rights Watch (March 2016) Human Rights Watch UPR Submission: Zimbabwe http://www.refworld.org/docid/57f652912a.html Accessed Thursday 6 April 2017 New Zimbabwe (17 May 2016) Gays and lesbians group says 55% membership harrassed by cops http://www.newzimbabwe.com/news-29232- 55+percent+gays+raided,+arrested+by+cops+GALZ/news.aspx Accessed Thursday 6 April 2017 OutRight Action International (16 March 2016) A Survey of Laws Impacting the Human Rights of Lesbian, Gay, Bisexual and Transgender Persons in Selected Southern African Countries http://www.refworld.org/docid/58c2b9de4.html Accessed Thursday 6 April 2017 United States Department of State (3 March 2017) 2016 Country Reports on Human Rights Practices: Zimbabwe http://www.ein.org.uk/members/country-report/2016-country-reports-human- rights-practices-zimbabwe#toc26 This is a subscription database Accessed Thursday 6 April 2017 Untied Nations Human Rights Council (25 August 2016) Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21 : Zimbabwe, A/HRC/WG.6/26/ZWE/2 http://www.refworld.org/docid/57f64ff04.html Accessed Thursday 6 April 2017 Voice of America (12 January 2017) Gay Zimbabweans Fight Stigma, Harsh Laws http://www.voanews.com/a/zimbabwe-gay-rights-lgbt/3673999.html Accessed Thursday 6 April 2017 Zimbabwe Human Rights NGO Forum (14 February 2017) Organised Violence & Torture Report: January 2017 http://www.ein.org.uk/members/country-report/organised-violence-torture-report- january-2017 This is a subscription database Accessed Thursday 6 April 2017 This response was prepared after researching publicly accessible information currently available to the Refugee Documentation Centre within time constraints. This response is not and does not purport to be conclusive as to the merit of any particular claim to refugee status or asylum. Please read in full all documents referred to. Sources Consulted Amnesty International BBC News Electronic Immigration Network European Country of Origin Information Network Freedom House Google Human Rights Watch Immigration and Refugee Board of Canada Internal Displacement Monitoring Centre International Crisis Group IRIN News Lexis Nexis Minority Rights Group International Online Newspapers Refugee Documentation Centre E-Library Refugee Documentation Centre Query Database Reliefweb Reuters United Kingdom Home Office United States Department of State UNHCR Refworld .
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