Know Your Rights: A Guide to Interacting with Law Enforcement

This guide is designed to empower LGBTQIA+ individuals in Zimbabwe with the knowledge and tools to navigate their personal rights, advocate for themselves, and understand the laws and procedures when interacting with authorities, particularly the police.

Understanding Your Personal Rights

In Zimbabwe, the rights of LGBTQIA+ individuals are often not clearly defined in law, and the community faces considerable risks of harassment and discrimination. However, it is important to know that some rights are protected under the Constitution of Zimbabwe and other legal frameworks. Key rights include:

• Equality Before the Law:
  The Constitution guarantees equality and prohibits discrimination based on sex, gender, or sexual orientation (Section 56).

• Freedom of Expression and Association:
  The right to express views and associate freely is protected, though it is sometimes limited in practice.

• Right to Privacy:
  Personal privacy, including personal communications, is protected — even though the criminalization of sodomy complicates this.

Interacting with Police and Authorities

Given the criminalization of sodomy in Zimbabwe, interactions with police can be intimidating. It’s important to assert your rights:

• Right to Remain Silent:
  You are not obligated to answer questions that may incriminate you.

• Right to Legal Representation:
  If arrested, you have the right to consult with a lawyer before any questioning.

• Right to Be Informed of Charges:
  If arrested, you must be informed of the charges against you in a language you understand.

• No Arrest on Suspicion of Queerness:
  Police must have evidence of a specific criminal act — not simply assumptions based on identity.

When Interacting with Police:

• Stay calm and respectful.

• Request to see the officer’s badge number and identification.

• Do not consent to a search without a warrant or clear legal grounds.

The Criminalization of Sodomy in Zimbabwe

Under Section 73 of the Criminal Law (Codification and Reform) Act (the Criminal Code):

• Sodomy (defined as consensual same-sex sexual acts) is criminalized, punishable by up to one year imprisonment.

• Privacy protections and the right to a fair trial still apply.

• Police cannot arrest someone based solely on suspicion of queerness without evidence of a criminal act.

• Targeting based solely on sexual orientation or gender identity is not legally justified, even under current laws.

Constitutional Provisions on Criminal Procedure in Zimbabwe

• Section 50: Arrest and Detention:
  No arbitrary detention. Arrested individuals must be informed of their rights and allowed to consult a lawyer.

• Section 51: Right to Personal Liberty:
  No one can be deprived of liberty except as authorized by law. Detainees must appear in court within 48 hours.

• Section 56: Equality and Non-Discrimination:
  Reaffirms equality before the law and prohibits discrimination based on sexual orientation.

Checklist for Interacting with Police and Protecting Your Rights

• Know Your Rights: Review your constitutional rights to equality, privacy, and freedom of expression.

• Stay Calm: Respond respectfully and assert your rights clearly.

• Request Identification: Ask for the officer’s badge number and name.

• Exercise Your Right to Silence: You are not obligated to answer self-incriminating questions.

• Ask for a Lawyer: Immediately request legal representation if arrested.

• Know the Laws: Politely remind police of constitutional protections if sodomy laws are raised.

• Document the Interaction: Note time, location, and details for legal follow-up.

• Don’t Consent to a Search: Police must have a warrant or reasonable grounds.

• Call for Support: Notify a trusted person or an LGBTQIA+ organization if you feel unsafe.

Contacts for Legal Aid in Zimbabwe

If you are harassed, detained, or feel unsafe, these organizations may assist you or refer you to appropriate services:

Gays and Lesbians of Zimbabwe (GALZ)

• Emotional support, counseling, and referrals.

• 35 Colenbrander Rd, Milton Park, Harare

• Phone: (0242) 741736 / 0772 210 836

• Website: https://galz.org/get-in-touch/

Zimbabwe Lawyers for Human Rights (ZLHR)

• Legal aid for human rights violations.

• Kodzero/Amalungelo House, No. 103 Sam Nujoma (2nd) Street, Harare

• Phone: +263 8677005347 / +263 242 705370 / 708118 / 764085

• Fax: +263 242 705641

• Email: info@zlhr.org.zw

• Website: www.zlhr.org.zw