Zambia must release gay couple Phil Mubiyana and James Mwape who have been tortured and jailed

  • by: Omar Kuddus
  • recipient: The President of Zambia Michael Sata., Justice Minister Wynter Kabimba, United Nations Secretary General Ban Ki-moon

Zambia police have arrested a gay couple forcing them to undergo anal probe test, denying them legal representation on the charges of having sex ‘against the order of nature’.

Phil Mubiyana and James Mwape have been detained in an overcrowded cell in rural Zambia for several days and were denied access to food and water for about 12 hours.

While pleading not guilty the authorities denied them legal representation and may have forced them to ‘confess to their crimes’ to speed up the trial.

The two appeared before a packed courtroom in Kapiri Mposhi, rural Zambia and were remanded in police custody until their trial starts on 22 May.

Justice Minister Wynter Kabimba recently stated “There is no room for gays “as he told Zambia to reject acceptance of homosexuality and to be to be wary and report to law enforcement agencies anyone working to ‘import’ and sponsor homosexuality in Zambia.

The couple were arrested and charged after the family of one of the men reported the relationship to authorities as a direct result of his statement.

Central province police chief Standwell Lungu stated “The two have been charged with the offence of sodomy or having sex against the order of nature contrary to the laws of Zambia,”

The arrest are in contravention of The Universal Declaration of Human Rights under Article 1. 2, 3, 5, 6, 7, 9, 10, 11, 12

The United Nations and all Heads of governments must strongly voice their disapproval of this arrests and demand the immediate release of Phil Mubiyana and James Mwape and the violations of the UDHR and that they have been forced to undergo anal probes against their consent.

This is an appalling violation of human rights and Zambia should be bought before the International Court of Human Rights for its actions.

Amnesty International’s Zambia researcher Simeon Mawanza, has stated “The arrest of the two men solely for their real or perceived sexual orientation amounts to discrimination and it is in violation of their rights to freedom of conscience, expression, and privacy.

“Laws criminalizing homosexuality and gender identity criminalize the legitimate exercise of these human rights, which are protected in treaties ratified by Zambia, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.”

It has also been confirmed by Amnesty International that both of the accused have limited literacy and do not also have a good understanding of their personal rights or the Zambian legal system


The full story can be found at

:http://www.gaystarnews.com/article/zambia-gay-couple-jailed-without-food-and-water-tortured09051







The arrests are in contravention of The Universal Declaration of Human Rights under Article 1. 2, 3, 5, 6, 7, 9, 10, 11, 12

Along with yourselves we have also urged The United Nations and all Heads of governments to strongly voice their disapproval of these arrests and demand the immediate release of Phil Mubiyana and James Mwape and the violations of the UDHR and that they have been forced to undergo anal probes against their consent.





This is an appalling violation of human rights and Zambia should be bought before the International Court of Human Rights for its actions.





Zambia has a legal duty to uphold the UDHR and if your government continues to violate these rights the above action MUST be taken.

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