VZCZCXRO7123
OO RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #1009 3631333
ZNR UUUUU ZZH
O 291333Z DEC 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5268
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 3232
RUEHDS/AMEMBASSY ADDIS ABABA 3343
RUEHDK/AMEMBASSY DAKAR 2970
RUEHKM/AMEMBASSY KAMPALA 0031
RUEHNR/AMEMBASSY NAIROBI 0033

UNCLAS HARARE 001009 
 
SIPDIS 
 
AF FRONT OFFICE 
AF/S FOR B.WALCH 
DRL FOR N. WILETT 
AF/RSA FOR LOUIS MAZEL, LAURA GRIESMER, AND LEARNED DEES 
 
E.O. 12958: N/A 
TAGS: ASEC KDEM PGOV PHUM PREL PTER ZI
SUBJECT: ZIMBABWE RESPONSE TO REQUEST FOR INFORMATION ON 
HUMAN RIGHTS TRENDS PERTAINING TO SEXUAL ORIENTATION AND 
GENDER IDENTITY 
 
REF: STATE 130765 
 
¶1.  (U) Under Zimbabwean law, sexual acts between same sex 
individuals are criminalized.  Specifically, the Zimbabwean 
Criminal Code states that sodomy is illegal, while sexual 
acts between women are unlawful as they constitute "unnatural 
acts."  With strong support from President Robert Mugabe, 
Parliament overhauled the country's anti-homosexual 
legislation in 2006 and broadened the definition of sodomy to 
any "act involving contact between two males that would be 
regarded by a decent person as an indecent act." 
Additionally, Section 11 of the pre-independence Censorship 
and Entertainments Control Act of 1967 has been used to 
harass gay people in Zimbabwe.  The Act states that "no 
person shall import, print, publish, distribute or keep for 
sale any publication which is undesirable."  A publication is 
undesirable if it is "indecent or obscene." 
 
¶2.  (U)  While Section 23 of the Zimbabwean Constitution 
protects citizens from a variety of forms of discrimination, 
including discrimination on grounds of race, gender, 
ethnicity, and religion, it is silent on homosexuality. This 
suggests that a challenge of the criminal code on the basis 
of protection from discrimination would not be successful. 
There have been numerous prosecutions of homosexuals in 
Zimbabwe, most notably former ceremonial president of 
Zimbabwe Canaan Banana (served from 1980 to 1987) who was 
convicted of engaging in sodomy in 2000 and served eight 
months in prison. 
 
¶3.  (U) Politically, President Robert Mugabe has been one of 
Africa's most outspoken and virulent critics of 
homosexuality.  He has made numerous statements attacking 
homosexuals and has railed against homosexuals as being 
"worse than pigs and dogs."  Consistent with many of his 
anti-western messages, he has argued that homosexuality is a 
western import.  Mugabe's ZANU-PF party has supported his 
anti-gay rhetoric, while the MDC party has been more 
supportive of gay rights. 
 
¶4.  (U) Zimbabwean culture has traditionally not been 
accepting of homosexuality.  While that has begun to change 
in urban areas, criticism of homosexuality is still widely 
prevalent in the country's rural areas.  Civil society groups 
interested in the issue have failed in efforts seeking 
legislative protection of gay rights, but these groups are 
seeking to include gay rights in ongoing efforts to reform 
the constitution.  The Gay and Lesbian Association of 
Zimbabwe is the most prominent organization advocating for 
gay rights in the country, but only has 400 members. 
 
RAY