Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Recognition of same-sex unions in Angola

From Wikipedia, the free encyclopedia

Part of theLGBTQ rights series
Notes
  1. ^abPerformed in the Netherlands proper (including theCaribbean Netherlands), as well as inAruba and Curaçao. May be registered inSint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^Neither performed nor recognized inTokelau or the associated states of theCook Islands andNiue.
  3. ^Same-sex marriage is also legal in theCrown Dependencies ofGuernsey, theIsle of Man andJersey, and theBritish Overseas Territories ofAkrotiri and Dhekelia, theBritish Antarctic Territory, theBritish Indian Ocean Territory, theFalkland Islands,Gibraltar, thePitcairn Islands,Saint Helena, Ascension and Tristan da Cunha, andSouth Georgia and the South Sandwich Islands. Same-sex marriage is not performed in six British Overseas Territories:Anguilla,Bermuda, theBritish Virgin Islands, theCayman Islands,Montserrat, and theTurks and Caicos Islands.
  4. ^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
  5. ^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^abcdTheComan v. Romania ruling of theEuropean Court of Justice obliges the state to provide residency rights for the foreign spouses ofEU 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 confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^Indian courts have recognizedguru–shishya,nata pratha ormaitri karar–type contractual relationships, but they are not legally binding.
  11. ^In addition to non-binding localpartnership certificates, Japanese common-marriage rights are applied nationwide.
  12. ^Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^Several Philippine cities issue or are considering "Right To Care" cards that allow same-sex partners to make medical decisions in case of emergency.
  14. ^Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Angola does not recognizesame-sex marriages orcivil unions. The Family Code of Angola recognizesde facto unions but only for opposite-sex couples and bans same-sex marriage.

Legal history

[edit]

Background

[edit]

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."[1]The National Institute for the Fight Against AIDS (INLS) has reported that this taboo has impacts in the fight againstHIV/AIDS in Angola, as messages about safe sex were "exclusively tailored to heterosexuals", leaving gay people "neither informed nor protected".[2]

On 6 May 2005, a same-sex couple, Aleksander Gregório, 21, and his partner, known only as Bruno, 23, held a marriage ceremony at theHotel Presidente inLuanda 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.[2]

Restrictions

[edit]
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

TheConstitution of Angola does not explicitly forbidsame-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:[3]

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.[a]

De facto unions (Portuguese:união de facto,pronounced[uˈnjɐ̃w̃ˈfaktu]) are regulated by the Family Code and can only be recognised if "all legal requirements for the celebrationof marriage are met". Article 112 of the Code definesde 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 morede facto unions performed in Angola than marriages.[8] Article 20 of the Family Code defines marriage as "the voluntary union between a man and a woman."[9] TheUnited 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)."[10] In 2013, discussions on modifications to the Family Code to recognize same-sex unions were vehemently opposed by religious groups.[11]

Historical and customary recognition

[edit]

While many modern-day Angolan cultures historically practicedpolygamy, there are no records of same-sex marriages being performed in local cultures in the way they are commonly defined inWestern legal systems. However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.[12] Early Europeans to visit modern-day Angola, including anthropologists, ethnologists and priests, reported "same-sex marriage ceremonies" among theOvimbundu and theAmbundu, the two largest ethnic groups in Angola, as well as the smallerOvambo andHerero peoples, who mostly live in neighboringNamibia.[13][14] Ambundu culture traditionally recognized "powerful diviner and medicine men" known asquimbanda, who were "reputed to gain [their] powers by ritual sodomy".[15] Thequimbanda "dress[ed], [sat], and [spoke] like women, and married men just as if they were women". QueenNzinga 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.[16] Ovimbundu society likewise recognized people fulfilling athird gender role, known aschibanda, 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."[13][17]

These customs gradually disappeared withmodernization and the introduction of Western culture andhomophobia to Angola duringcolonisation.[18] In 2007, a local anthropologist was quoted as saying, "Angolan society is not yet prepared to accept homosexuals. The local culture, which is influenced byChristianity, calls for the perpetuation and expansion of the family. Homosexuality is therefore viewed as an affront to the laws of nature."[2]

Religious performance

[edit]

TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[19] However, theEpiscopal 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 theAnglican 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 theAnglican Church of Mozambique and Angola, it does not offer blessings to same-sex unions.[22][23]

See also

[edit]

Notes

[edit]
  1. ^In some official and indigenouslanguages of Angola:
    • 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.[4]
    • Umbundu:Epata ohongele yavelapo pokati kowiñgi kwenda yikwete eteywilo linene lyanguvulu, nda ceci omanu vakwla ale kelitokeko lyaco, pokati kulume lukãyi.[5]
    • 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.[6]
    • Kongo: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.[7]

References

[edit]
  1. ^Ammon, Richard."Gay Life is Legal in Angola But is Mostly Hidden by Heterosexual Masks".GlobalGayz. Retrieved8 December 2023.
  2. ^abc"Invisible and Vulnerable". Mambaonline. 23 June 2008. Retrieved8 December 2023.
  3. ^"Constitution of Angola"(PDF).faolex.fao.org. Retrieved8 December 2023.
  4. ^"Constituição da República de Angola"(PDF).Dullah Omar Institute (in Portuguese). Retrieved8 December 2023.
  5. ^"Ocikanda Cofeka Congola"(PDF).Tribunal Constitucional (in Umbundu). 2023. Retrieved8 December 2023.
  6. ^"Kimukanda Kya Ixi Ya Ngola"(PDF).Tribunal Constitucional (in Kimbundu). 2023. Retrieved8 December 2023.
  7. ^"N'kanda Wa Luyaadilu Lwa Nsi Angola"(PDF).Tribunal Constitucional (in Kongo). 2023. Retrieved8 December 2023.
  8. ^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).
  9. ^"Código da Familia"(PDF).UNICEF (in Portuguese). Retrieved8 December 2023.
  10. ^"Inclusive Governance Initiative: Angola Baseline Report"(PDF).United Nations Development Programme. 2021.
  11. ^"Casamento gay suscita polémica".AngoNotícias (in Portuguese). 27 May 2013.
  12. ^Spurlin, William J. (2006).Imperialism Within the Margins: Queer Representation and the Politics of Culture in Southern Africa. Palgrave Macmillan.ISBN 9781403983664.
  13. ^ab"Boy-Wives and Female Husbands".www.willsworld.org. Archived fromthe original on 14 October 2018. Retrieved25 January 2019.
  14. ^Murray, Stephen."Homosexuality in "Traditional" Sub-Saharan Africa and Contemporary South Africa"(PDF).Semgai. Retrieved25 October 2023.
  15. ^Epprecht, Marc (2013)."Glossary of Terms and Acronyms".McGill-Queen's University Press:xi–xiii.doi:10.1515/9780773588783-002.ISBN 978-0-7735-8878-3.
  16. ^Donnella, Leah (12 May 2017)."Picturing Queer Africans In The Diaspora".NPR.
  17. ^"Homosexuality in Perspective: A Critical Discourse Analysis of the International Debate on Homosexuality in Uganda"(PDF). Retrieved25 January 2019.
  18. ^Okwenna, Chrysogonus (2021). "Homosexuality in Traditional Africa".Obademi Awolowo University Press.
  19. ^Flynn, JD (2023-12-22)."Is the 'false narrative' narrative a false narrative?".The Pillar.Archived from the original on 23 December 2023. Retrieved2023-12-23.
  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. Retrieved25 September 2024.
  23. ^"Fresh divisions over gay unions in Anglican church".The Sunday Mail. 2 October 2016.
Sovereign states
States with limited
recognition
Dependencies and
other territories
Status ofsame-sex unions around the world
Africa
Americas
Asia
Europe
Oceania
Antarctica
Retrieved from "https://en.wikipedia.org/w/index.php?title=Recognition_of_same-sex_unions_in_Angola&oldid=1332382219"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2026 Movatter.jp