Angola Officially Decriminalizes Homosexuality
On Jan. 23, 2019, Angola’s parliament already approved a new penal code that allowed the provisions criminalizing homosexuality to be deleted. This Code was the first one since the independence from Portugal in 1975. The previous Portuguese Penal Code of 1886 and the Portuguese Criminal Procedure Code of 1929 were contaminated by colonialist provisions, such as a ban of “vices against nature” bringing a sense of criminalization of same-sex relationships. Colonial-era laws against same-sex conduct were supported tacitly by the state, and minorities faced with strong discrimination.
Peace protestors and activists in Angola, 2019 (K. Ludbrook | dpa)
In a move to embrace development and equality, Angola replaced the old laws and banned discrimination based on sexual orientation. The UN independent expert on protection against violence and discrimination based on gender identity and sexual orientation, Victor Madrigal-Borloz, persuaded other countries that still criminalized homosexuality to start a process of decriminalization from the revision of their own domestic legal frameworks.
The president of Angola, João Lourenço, signed the Criminal Procedure Code (CPP) in July 2020 but he did not sign the new Angolan Penal Code (CPA) until November 2020.
According to the Gazetta, Angola’s new penal code came into force on Feb. 10, 2021. The Code also introduced sexual orientation protections and mentioned sexual orientation and gender identity in hate speech clauses. These changes represented a new beginning and gave hope to LGBTQI+ communities in Africa.
Angola followed other countries that have already decriminalized homosexuality, such as the former Portuguese colony Mozambique in 2015, Cape Verde in 2014 – by the new Código Penal approved in November 2003 – and Seychelles in 2016.
Although homosexuality is still a taboo in many African societies, advocates, victims and activists work every day as human rights defenders to bring more justice and equality.
