LGBT rights in Mozambique
|LGBT rights in Mozambique|
|Same-sex sexual activity legal?||Legal|
|Discrimination protections||Sexual orientation protected (employment only)|
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. On 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. However, the Criminal Code did contain an offence of "practices against nature". According to the ILGA, this clause could potentially be interpreted as including male and female same-sex sexual activity, even though it was unknown to what extent the law was enforced. Indeed, reports state that the incidence of the statute being enforced against LGBT individuals have been slim to none.
In December 2014, President Armando Guebuza signed the new Criminal Code, which does not contain any provisions regarding same-sex sexual activity, into law. 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
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. While the Government has reported fairly little on LGBT rights, all of what has been said has been positive. 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. Protests for such legislation had been kick started only a year before, signaling a reasonably swift response by the Government.
Article 4 of the 23/2007 Labour Law 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".
|Same rights for same-sex and opposite-sex couples||42.7%||32.0%||47.2%|
A 2016 Afrobarometer opinion poll found that 56% of Mozambicans would welcome or would not be bothered 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%))
Hate crimes and violence directed at the LGBT community are rare in Mozambique, unlike in other African countries. However, discrimination is not unheard of.
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.
Lambda, a local LGBT group, has requested to register as a non-governmental organization since 2008. 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. The UN Human Rights Council has been calling on Mozambique to register Lambda since 2011. As of January 2016, the group has yet to be registered.
|Same-sex sexual activity legal||(Since 2015)|
|Equal age of consent||(Since 2015)|
|Anti-discrimination laws in employment||(Since 2007)|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)|
|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|
- 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.
- "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA).
- Mozambique Gay Rights Group Wants Explicit Constitutional Protections
- Mozambique: Praise for Recognition That Gay Sex Not Illegal
- Gay Mozambique News & Reports
- "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 19 July 2013.
- Mozambique by Mary Fitzpatrick (Lonely Planet) – pg 174
- Mozambique: Presidente promulga nuevo Código Penal que legaliza el aborto
- Moçambique reafirma que homossexualidade não constitui crime
- Gay Mozambique News & Reports
- Biggest Ever Studies on Attitudes to Religion and Morality in Africa Released
- BIGGEST EVER STUDIES ON ATTITUDES TO RELIGION AND MORALITY IN AFRICA RELEASED
- Mozambique discovers its gay minority
- Homosexuality now debated all over Africa
- Mozambique discovers its gay minority, Afrol news
- Labour Law, law nr. 23/2007
- (Portuguese) Lei n.º 23/2007 (p. 20), Boletim Da República, 1 de Agosto de 2007
- Attitudes towards homosexuality 2013
- Africa’s most and least homophobic countries Erasing 76 Crimes
- Mozambique LGBT activists move on to next battle after anti-gay law scrapped The Guardian
- An Open Letter to Africa's Leaders - Joaquim Chissano, former President of Mozambique
- Mozambique’s former president calls for gay rights in Africa
- A Fight for Recognition: The LGBT Community’s Battle in Mozambique
- MOZAMBIQUE GAY RIGHTS GROUP FIGHTS TO BE REGISTERED Mambaonline
- Mozambique accused of “double speak” on LGBTI Rights Mambaonline