LGBT rights in Mozambique

LGBT rights in Mozambique
Mozambique
Status	Legal since 2015
Gender identity	No
Military	No [1]
Discrimination protections	Sexual orientation protected (employment only)
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBT people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. ^[2] Discrimination based on sexual orientation in employment has been illegal since 2007. ^[3]

Mozambique, along with other former Portuguese colonies, is one of the most LGBT-friendly African nations. ^[4] Polls have found moderate levels of support for LGBT rights and same-sex marriage. ^[5] Nevertheless, same-sex couples are unable to marry or adopt, and LGBT people still face discrimination and prejudice. ^[6]

Legality of same-sex sexual activity

Until the enactment of the new Criminal Code, the legal status of same-sex sexual activity was ambiguous in Mozambique. In March 2011, the Minister of Justice declared during the UN Human Rights Council's Universal Periodic Review that homosexuality is not an offence in Mozambique. ^{[7] [8]} However, the Criminal Code did contained an offence of "practices against nature". ^[9] According to the ILGA, Articles 70 and 71(4°) provided for the imposition of security measures on people who habitually practiced "acts against nature". The security measures included a bond of "good behaviour", being put on probation for a certain period, or even internment in a workhouse or agricultural colony (from six months to three years). ^[10]

In December 2014, President Armando Guebuza signed the new Criminal Code, which does not contain any provisions regarding same-sex sexual activity, into law. ^{[11] [12]} It was published in the country's official journal on 31 December 2014 and took effect 180 days later (i.e. 30 June 2015).

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Mozambique

Mozambique does not provide any form of recognition of same-sex relationships, though protests for same-sex marriage and common-law marriage have been ongoing since 2006. ^[9]

Discrimination protections

In line with most other former Portuguese African colonies, Mozambique is reported to be one of the most tolerant countries in Africa towards gays and lesbians. ^{[13] [14]} While the Government has reported fairly little on LGBT rights, all of what has been said has been positive. ^[15] It is one of the only few countries in Africa to offer any form of discrimination protections for gay, lesbians and bisexuals, which have been in place since 2007. ^[16] Protests for such legislation had been kickstarted only a year before, signaling a reasonably swift response by the Government. ^[17]

Article 4 of the 23/2007 Labour Law (Portuguese : Lei 23/2007 de Lei de Trabalho) provides for "non-discrimination on grounds of sexual orientation, race or HIV/AIDS status". Article 5 of the law grants employees a right to privacy, relating to "the private and personal lives of employees, such as their family lives, personal relationships, sex lives, state of health and their political and religious convictions." Article 108 of the law provides that "all employees, whether nationals or foreigners, without distinction based on sex, sexual orientation, ... have the right to receive a wage and to enjoy equal benefits for equal work". ^{[18] [19]}

Public opinion

A September 2013 survey of people in the cities of Maputo, Beira and Nampula found moderate levels of support for the legal recognition of same-sex couples and parenting rights: ^[20]

	Maputo	Beira	Nampula
Same rights for same-sex and opposite-sex couples	42.7%	32.0%	47.2%
Same-sex marriage	37.0%	17.9%	28.2%
Same-sex adoption	49.5%	40.2%	44.9%

A 2016 Afrobarometer opinion poll found that 56% of Mozambicans would welcome or would not be bothered by having a homosexual neighbor. Mozambique was one of the only four countries polled with a majority in favor. (the others being Cape Verde (74%), South Africa (67%) and Namibia (55%)) ^[21]

According to a 2017 poll carried out by ILGA, 61% of Mozambicans agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 23% disagreed. Additionally, 66% agreed that they should be protected from workplace discrimination. 32% of Mozambicans, however, said that people who are in same-sex relationships should be charged as criminals, while a plurality of 43% disagreed. As for transgender people, 66% agreed that they should have the same rights, 68% believed they should be protected from employment discrimination and 55% believed they should be allowed to change their legal gender. ^[22]

A 2017 survey of people in the cities of Maputo, Beira and Nampula again found moderate levels of support for LGBT rights. Support for same-sex marriage increased in all three cities to 47% in Maputo, 38% in Beira and 42% in Nampula. Support for same-sex adoption was 33% in Maputo, 43% in Beira and 42% in Nampula. In addition, the survey also found that 85% opposed violence against LGBT people and would come to help them if they were being physically assaulted. However, most respondents said they would not accept their child if he/she came out (with 28% of Beira respondents stating they would assault their child if he/she was gay). 37.5% would react negatively if a co-worker came out, while 37.9% would accept them and 20.6% would be indifferent. Furthermore, about one-third stated that they personally knew an openly LGBT person, and two-thirds said they would not want a gay president. ^{[23] [24]}

Living conditions

Hate crimes and violence directed at the LGBT community are rare in Mozambique, unlike in some other African countries. However, discrimination is not unheard of. ^[25]

A notable figure to have spoken out in support of LGBT rights in Mozambique and the rest of Africa is former President Joaquim Chissano who also spoke to other African leaders to stop laws that impede on LGBT rights in Africa. ^{[26] [27]}

NGO registration

Lambda Mozambique, a local civil society organisation advocating on issues of sexual and gender rights, has requested to register as a non-governmental organization since 2008. ^[28] A process which usually lasts six weeks. In 2010, after being ignored by the Ministry of Justice for two years, the group took their case to the United Nations, appealing to the High Commission for Human Rights to act on the violation of their right to association. ^[29] The UN Human Rights Council had been calling on Mozambique to register Lambda since 2011. ^[30]

In October 2017, the Constitutional Council of Mozambique declared that Article 1 of Law No. 8/91 (which allowed the registration of associations in the country in accordance with the principles of "moral order") was unconstitutional. The reference to "moral order" was deemed incompatible with article 53(3) of the Mozambican Constitution of 2004, which only forbids the registration of military associations or those that promote violence, racism or xenophobia. ^{[31] [32]}

Summary table

Same-sex sexual activity legal	(Since 2015)
Equal age of consent	(Since 2015)
Anti-discrimination laws in employment	(Since 2007, sexual orientation only)
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBT portal
• Africa portal

• LGBT rights in Africa
• LGBT rights in the Commonwealth of Nations
• Human rights in Africa

References

1. Mady Wechsler Segal (2003). Armed forces and international security: global trends and issues. Jean M. Callaghan, Franz Kernic (editors). Transaction. p. 218. ISBN   3-8258-7227-0.
2. Mendos, Lucas Ramón (2019). State-Sponsored Homophobia 2019 (PDF). Geneva: ILGA. p. 182.
3. Mendos, Lucas Ramón (2019). State-Sponsored Homophobia 2019 (PDF). Geneva: ILGA. p. 246.
4. O'Donnell, Belinda (3 March 2016). "Here are the most and least tolerant countries in Africa". UN Dispatch.
5. Ntsabo, Mihlali (4 June 2018). "Most Mozambicans against homosexual violence, study finds". MambaOnline - Gay South Africa online. Retrieved 12 January 2024.
6. Yerler, Antalya Gezilecek (28 November 2017). "After 10 Years of Legal Battles, Mozambique's Only LGBT Organization Takes a Step Closer to Legal Recognition · Global Voices".
7. "Mozambique Gay Rights Group Wants Explicit Constitutional Protections". Archived from the original on 5 March 2011. Retrieved 17 March 2011.
8. "Mozambique: Praise for Recognition That Gay Sex Not Illegal".
9. "Gay Mozambique News & Reports". archive.globalgayz.com.
10. Paoli Itaborahy, Lucas; Zhu, Jingshu (2014). State-Sponsored Homophobia 2014. Geneva: ILGA. p. 41.
11. "Mozambique: Presidente promulga nuevo Código Penal que legaliza el aborto - África - Angola Press - ANGOP". angop.ao.
12. "Moçambique reafirma que homossexualidade não constitui crime". Archived from the original on 4 March 2016. Retrieved 14 May 2015.
13. "Views of Religion and Morality" . Retrieved 4 June 2010.
14. "afrol News - Mozambique discovers its gay minority". afrol.com.
15. "afrol News - Homosexuality now debated all over Africa". afrol.com.
16. "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). Archived from the original (PDF) on 17 July 2013.
17. Mozambique discovers its gay minority, Afrol news
18. "Labour Law, law nr. 23/2007" (PDF). Archived from the original (PDF) on 29 May 2015.
19. "Lei n.º 23/2007 (p. 20), Boletim Da República, 1 de Agosto de 2007" (PDF). Archived from the original (PDF) on 12 April 2015.
20. "Attitudes towards homosexuality 2013". Archived from the original on 23 August 2014. Retrieved 23 March 2014.
21. Africa's most and least homophobic countries Erasing 76 Crimes
22. ILGA-RIWI Global Attitudes Survey ILGA, October 2017
23. "ATTITUDES TOWARDS HOMOSEXUALITY". spark.adobe.com.
24. Most Mozambicans against homosexual violence, study finds, Mambaonline, 4 June 2018
25. Mozambique LGBT activists move on to next battle after anti-gay law scrapped The Guardian
26. "An Open Letter to Africa's Leaders – Joaquim Chissano, former President of Mozambique". The Africa Report.com. 14 January 2014.
27. Morgan, Joe (20 February 2014). "Mozambique's former president calls for gay rights in Africa". Gay Star News. Archived from the original on 13 November 2017. Retrieved 22 May 2020.
28. "A Fight for Recognition: The LGBT Community's Battle in Mozambique". HuffPost. 23 January 2014.
29. MOZAMBIQUE GAY RIGHTS GROUP FIGHTS TO BE REGISTERED Mambaonline
30. Mozambique accused of "double speak" on LGBTI Rights Mambaonline
31. Garrido, Rui (2019). "Recent SOGI Developments in Angola and an Overview on Other African Lusophone Countries" (PDF). State-Sponsored Homophobia 2019. Geneva: ILGA. p. 98.
32. Mozambique | Major constitutional victory for LGBTQ community Mambaonline, 9 November 2017