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Recognition of same-sex unions in Angola

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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
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Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Angola does not recognize same-sex marriages or civil unions. The Family Code of Angola recognizes de facto unions but only for opposite-sex couples and bans same-sex marriage.

Historical recognition of same-sex relationships

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While many modern-day Angolan cultures historically practiced polygamy, there are no records of same-sex marriages as understood from a Western perspective being performed in those cultures. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.[1] Early Europeans to visit modern-day Angola, including anthropologists, ethnologists and priests, reported "same-sex marriage ceremonies" among the Ovimbundu and Ambundu peoples, the two largest ethnic groups in Angola, as well as the smaller Ovambo and Herero peoples, who mostly live in neighboring Namibia.[2][3] Ambundu culture traditionally recognized "powerful diviner and medicine men" known as quimbanda, who were "reputed to gain [their] powers by ritual sodomy".[4] The quimbanda "dress[ed], [sat], and [spoke] like women, and married men just as if they were women". Queen Nzinga of Ndongo and Matamba is known to have acquired a harem of wives, who were biologically male but dressed as women and took on female gender roles.[5] Ovimbundu society likewise recognized people fulfilling a third gender role, known as chibanda, who "[were] men attyred like women, and behave[d] themselves womanly […] and also married to men". British-American ethnologist Wilfrid Dyson Hambly reported in 1937 that an Ovimbundu informant had said that in Mbundu society, "There are men who want men, and women who want women."[2][6]

These customs gradually disappeared with modernization and the introduction of Christianity and Western culture to Angola during colonisation.[7] In 2007, a local anthropologist was quoted as saying, "Angolan society is not yet prepared to accept homosexuals. The local culture, which is influenced by Christianity, calls for the perpetuation and expansion of the family. Homosexuality is therefore viewed as an affront to the laws of nature."[8]

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Background

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Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

Due to family pressure, many gay men "use marriage as a way of avoiding stigma, but once married, continue to have occasional sex with other men."[9] The National Institute for the Fight Against AIDS (INLS) has reported that this taboo has impacts in the fight against HIV/AIDS in Angola, as messages about safe sex were "exclusively tailored to heterosexuals", leaving gay people "neither informed nor protected".[8]

On 6 May 2005, a same-sex couple, Aleksander Gregório, 21, and his partner, known only as Bruno, 23, held a marriage ceremony at the Hotel Presidente in Luanda and signed a letter of commitment in the presence of a retired notary. The ceremony was labelled as "shameless" and "abominable" on the front pages of national newspapers.[8]

Restrictions

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The Constitution of Angola does not explicitly forbid same-sex marriages. Article 35 deals with family, marriage and filiation, and establishes associated recognition and rights. It states that "men and women are equal within the family, society and the state, enjoying the same rights and having the same duties." It further states that:[10][11][12][13][14]

  • in Portuguese: A família é o núcleo fundamental da organização da sociedade e é objecto de especial protecção do Estado, quer se funde em casamento, quer em união de facto, entre homem e mulher.
  • in Umbundu: Epata ohongele yavelapo pokati kowiñgi kwenda yikwete eteywilo linene lyanguvulu, nda ceci omanu vakwla ale kelitokeko lyaco, pokati kulume lukãyi.
  • in Kimbundu: OMwiji yene okaxi ya katunda ya kisangela kya mundu anga yene kima kya kilangidilu kya katunda kya Unguvulu, ha yadite mu usakanu, ha mu usakanu wa kudibunda ngo, mukaxi ka muhatu ni diyala.
  • in Kikongo: Kanda dyana disina dyam'funu dya nkubila ya kintwadi ye yena kima kya lutaninu lwa luyaalu, kani kyavaangama muna longo, kani kyanzatwakala kweto, muna kati kya yakala ya n'kento.
(The family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a de facto union between a man and a woman.)

De facto unions (Portuguese: união de facto) are regulated by the Family Code and can only be recognised if "all legal requirements for the celebration of marriage are met". Article 112 of the Code defines de facto unions as the "voluntary establishment of common life between a man and a woman". Hence, these unions are available only to opposite-sex couples. In 2020, there were more de facto unions performed in Angola than marriages.[15] Article 20 of the Family Code defines marriage as "the voluntary union between a man and a woman."[16] The United Nations Development Programme reported in 2021 that "this regime of family law significantly curtails LGBTI peoples' fundamental rights, and also impacts other laws, resulting in the rights derived from marriage and family being denied to LGBTI persons (e.g. the right of a spouse not to testify before a court of law)."[17]

In 2013, discussions on modifications to the Family Code to recognize same-sex unions were vehemently opposed by religious groups.[18]

Religious performance

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The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[19] However, the Episcopal Conference of Angola and São Tomé expressed "perplexity" at the declaration, and issued a statement that "regarding informal blessings for 'irregular couples' (homosexuals), although it is a sacrament different from the liturgical blessing, we consider that, in our cultural and ecclesial context, it would create enormous scandal and confusion among the faithful, so we have determined that it should not be carried out in Angola and São Tomé."[20][21]

As the Anglican Church of Southern Africa was discussing the possibility of blessing same-sex unions, dioceses in Angola and Mozambique split to "form a more conservative Anglican province" in 2021. Known as the Anglican Church of Mozambique and Angola, it does not offer blessings to same-sex unions.[22][23]

See also

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References

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  1. ^ Spurlin, William J. (2006). Imperialism Within the Margins: Queer Representation and the Politics of Culture in Southern Africa. Palgrave Macmillan. ISBN 9781403983664.
  2. ^ a b "Boy-Wives and Female Husbands". www.willsworld.org. Retrieved 25 January 2019.
  3. ^ Murray, Stephen. "Homosexuality in "Traditional" Sub-Saharan Africa and Contemporary South Africa" (PDF). Semgai. Retrieved 25 October 2023.
  4. ^ Epprecht, Marc (2013). "Glossary of Terms and Acronyms". McGill-Queen's University Press. doi:10.1515/9780773588783-002.
  5. ^ Donnella, Leah (12 May 2017). "Picturing Queer Africans In The Diaspora". NPR.
  6. ^ "Homosexuality in Perspective: A Critical Discourse Analysis of the International Debate on Homosexuality in Uganda" (PDF). Retrieved 25 January 2019.
  7. ^ Okwenna, Chrysogonus (2021). "Homosexuality in Traditional Africa". Obademi Awolowo University Press.
  8. ^ a b c "Invisible and Vulnerable". Mambaonline. Retrieved 8 December 2023.
  9. ^ Ammon, Richard. "Gay Life is Legal in Angola But is Mostly Hidden by Heterosexual Masks". GlobalGayz. Retrieved 8 December 2023.
  10. ^ "Constituição da República de Angola" (PDF). Dullah Omar Institute (in Portuguese). Retrieved 8 December 2023.
  11. ^ "Constitution of Angola" (PDF). faolex.fao.org. Retrieved 8 December 2023.
  12. ^ "Kimukanda Kya Ixi Ya Ngola" (PDF). Tribunal Constitucional (in Kimbundu). 2023. Retrieved 8 December 2023.
  13. ^ "N'kanda Wa Luyaadilu Lwa Nsi Angola" (PDF). Tribunal Constitucional (in Kongo). 2023. Retrieved 8 December 2023.
  14. ^ "Ocikanda Cofeka Congola" (PDF). Tribunal Constitucional (in Umbundu). 2023. Retrieved 8 December 2023.
  15. ^ Morais, Victor da Silva (2020). "União de Facto na Realidade angolana e portuguesa a Luz do Ordenamento Jurídico Comparado" (PDF). Instituto Politécnico do Porto. Escola Superior de Tecnologia e Gestão (in Portuguese).
  16. ^ "Código da Familia" (PDF). UNICEF (in Portuguese). Retrieved 8 December 2023.
  17. ^ "Inclusive Governance Initiative: Angola Baseline Report" (PDF). United Nations Development Programme. 2021.
  18. ^ "Casamento gay suscita polémica". AngoNotícias (in Portuguese). 27 May 2013.
  19. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  20. ^ Coppen, Luke (19 December 2023). "'Fiducia supplicans': Who's saying what?". The Pillar.
  21. ^ "In Nigeria and Much of Africa, Catholic Same-Sex Couples See No Blessings Soon". U.S. News. 29 December 2023.
  22. ^ LeBlanc, Douglas; Michael, Mark (9 May 2024). "Eclectic Prayers for Same-Sex South African Couples". Living Church. Retrieved 25 September 2024.
  23. ^ "Fresh divisions over gay unions in Anglican church". The Sunday Mail. 2 October 2016.
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