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Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.

However, like all former British East and Southern African colonies, Zambia enacted its constitution in the 1990s, overriding much of the pre-1964 criminal code, and there are very broad protections against discrimination, with much of the language lifted from the UN Charter on Human Rights. [Protection from discrimination on the ground of race,etc.] (1) Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

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There is implicit but no explicit legal protection against discrimination based on sexual orientation in the Zambian Constitution. 17 of 1996, contains an anti-discrimination clause, present in Article 23 of the document.

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Considering that any constitution overrides all other laws, it is relevant that few if any prosecutions for homosexuality have taken place, which would allow the criminal code laws to be tested and, if found to contravene the Constitution, be struck from the books.

Zambia provides no recognition of same-sex couples.

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