LGBT rights in Mozambique

Last updated

LGBT rights in Mozambique
Mozambique (orthographic projection).svg
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]

Contents

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

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] [15] While the Government has reported fairly little on LGBT rights, all of what has been said has been positive. [16] 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. [17] Protests for such legislation had been kickstarted only a year before, signaling a reasonably swift response by the Government. [18]

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". [19] [20]

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: [21]

Maputo Beira Nampula
Same rights for same-sex and opposite-sex couples42.7%32.0%47.2%
Same-sex marriage37.0%17.9%28.2%
Same-sex adoption49.5%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%)) [22]

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. [23]

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. [24] [25]

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. [26]

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. [27] [28]

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. [29] 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. [30] The UN Human Rights Council had been calling on Mozambique to register Lambda since 2011. [31]

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. [32] [33]

Summary table

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

See also

Related Research Articles

<span class="mw-page-title-main">International Lesbian, Gay, Bisexual, Trans and Intersex Association</span> International umbrella organization for LGBTI organizations

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization which is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a multitude of agendas within the United Nations, such as creating visibility for LGBTI issues by conducting advocacy and outreach at the Human Rights Council, working with members to help their government improve LGBTI rights, ensuring LGBTI members are not forgotten in international law, and advocating for LBTI women's issues at the Commission on the Status of Women.

Heterosexism is a system of attitudes, bias, and discrimination in favor of heterosexuality and heterosexual relationships. According to Elizabeth Cramer, it can include the belief that all people are or should be heterosexual and that heterosexual relationships are the only norm and therefore superior.

<span class="mw-page-title-main">LGBT rights in Chad</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Chad face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.

<span class="mw-page-title-main">LGBT rights in the Republic of the Congo</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of the Congo face legal challenges not experienced by non-LGBT residents. Both male and female expressions of homosexuality are legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of discrimination and abuses towards LGBT people.

<span class="mw-page-title-main">LGBT rights in South Africa</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.

<span class="mw-page-title-main">Homophobia</span> Negative attitudes and discrimination toward homosexuality and LGBT people

Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred or antipathy, may be based on irrational fear and may sometimes be related to religious beliefs.

<span class="mw-page-title-main">LGBT rights in Zimbabwe</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Zimbabwe face legal challenges not experienced by non-LGBT residents. Since 1995, the Government of Zimbabwe has carried out campaigns against LGBT rights. Sodomy is classified as unlawful sexual conduct and defined in the Criminal Code as either anal sexual intercourse or any "indecent act" between consenting adults. Since 1995, the government has carried out campaigns against both homosexual men and women.

<span class="mw-page-title-main">LGBT rights in Albania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.

<span class="mw-page-title-main">LGBT rights in Ethiopia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Ethiopia face significant challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are illegal in the country, with reports of high levels of discrimination and abuses against LGBT people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a cultural taboo.

<span class="mw-page-title-main">LGBT rights in Angola</span> Overview of the LGBT rights in Angola

Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.

<span class="mw-page-title-main">LGBT rights in Algeria</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Algeria face legal challenges and discrimination not experienced by non-LGBT residents. According to the International Lesbian and Gay Association's May 2008 report, both male and female types of same-sex sexual acts are illegal in Algeria. Homophobic attitudes are normalised within Algerian society, and LGBT people are commonly subjected to discrimination and potential arrest.

<span class="mw-page-title-main">LGBT rights in Cape Verde</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in Botswana</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.

<span class="mw-page-title-main">LGBT rights in Eritrea</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Eritrea face severe challenges not experienced by non-LGBT residents. Homosexual acts are illegal in Eritrea; typically punishable by up to three years in prison. LGBT persons are reportedly prosecuted by the government and additionally face hostility amongst the broader population.

<span class="mw-page-title-main">LGBT rights in Somalia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.

<span class="mw-page-title-main">LGBT rights in Eswatini</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."

<span class="mw-page-title-main">LGBT rights in Namibia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Sexual contact between men is criminalised within Namibia, although this law is generally unenforced. Discrimination based on sexual orientation is banned in Namibia but not for gender identity.

<span class="mw-page-title-main">LGBT rights in Africa</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally limited in comparison to the Americas, Western Europe and Oceania.

<span class="mw-page-title-main">LGBT rights in Zambia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.

<span class="mw-page-title-main">LGBT rights in Guinea-Bissau</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

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. 1 2 "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. ↑ "Biggest Ever Studies on Attitudes to Religion and Morality in Africa Released". Archived from the original on 7 April 2014. Retrieved 4 June 2010.
  14. ↑ "BIGGEST EVER STUDIES ON ATTITUDES TO RELIGION AND MORALITY IN AFRICA RELEASED". Archived from the original on 7 April 2014. Retrieved 4 June 2010.
  15. ↑ "afrol News - Mozambique discovers its gay minority". afrol.com.
  16. ↑ "afrol News - Homosexuality now debated all over Africa". afrol.com.
  17. ↑ "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.
  18. ↑ Mozambique discovers its gay minority, Afrol news
  19. ↑ "Labour Law, law nr. 23/2007" (PDF). Archived from the original (PDF) on 29 May 2015.
  20. ↑ "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.
  21. ↑ "Attitudes towards homosexuality 2013". Archived from the original on 23 August 2014. Retrieved 23 March 2014.
  22. ↑ Africa's most and least homophobic countries Erasing 76 Crimes
  23. ↑ ILGA-RIWI Global Attitudes Survey ILGA, October 2017
  24. ↑ "ATTITUDES TOWARDS HOMOSEXUALITY". spark.adobe.com.
  25. ↑ Most Mozambicans against homosexual violence, study finds, Mambaonline, 4 June 2018
  26. ↑ Mozambique LGBT activists move on to next battle after anti-gay law scrapped The Guardian
  27. ↑ "An Open Letter to Africa's Leaders – Joaquim Chissano, former President of Mozambique". The Africa Report.com. 14 January 2014.
  28. ↑ 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.
  29. ↑ "A Fight for Recognition: The LGBT Community's Battle in Mozambique". HuffPost. 23 January 2014.
  30. ↑ MOZAMBIQUE GAY RIGHTS GROUP FIGHTS TO BE REGISTERED Mambaonline
  31. ↑ Mozambique accused of "double speak" on LGBTI Rights Mambaonline
  32. ↑ 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.
  33. ↑ Mozambique | Major constitutional victory for LGBTQ community Mambaonline, 9 November 2017
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.