LGBT Situation in Mozambique

Mozambique is one of the few members of the Commonwealth without a direct link to the former British Empire.

The country has bounced back well from decades of Civil war and series of deadly floods in the first decade of the 21^st century. The economy is growing well whilst infrastructure is being rebuilt by South African and Chinese finance. Today it is generally to be viewed as an “African success” story.

However the country has recently hit the headlines for a series of violent protests against high prices and subsequent police clamp downs.

Here is a look at its LGBT record...

Law that Criminalises Homosexuality Codigo Penal[1] ARTIGO 71º (Aplicação de medidas de seguranças) (Application of Security Measures) São aplicáveis medidas de segurança: (Applying security measures to:) 4°. – Aos que se entreguem habitualmente à pratica de vícios contra a natureza; 4°. – Those that deliver themselves habitually to practice vices against nature.

Practical Consequences of the law One of the few members of the Commonwealth whose laws is not informed by colonial era British laws. (Mozambique is a former Portuguese colony) Conflicts with... African Charter on Human and People’s Rights (?) ICCPR (21 Jul 1993)

Constitutional Clause on Equality or Right to Privacy Constitution of Mozambique (Approved and enacted in November 1990.)[2] Under Article 6 the fundamental aims of the Republic of Mozambique are the defence and promotion of human rights and the equality of citizens before the law; the affirmation of the Mozambican character, its traditions and other social and cultural values. Under Article 56 it is required that the family and the State ensure that children receive a comprehensive education, bringing them up in the values of national unity, love for their country, human equality, social respect and solidarity. Under Article 81 all citizens may contest acts that violate their rights recognized under the Constitution and other laws. Under Article 82 all citizens shall have the right of recourse to the courts against any act which violates their rights recognized by the Constitution and the law. Under Article 96 individual rights and freedoms are guaranteed by the State and may only be limited where the public order or individual rights, freedoms and guarantees are endangered, or where force is used or threatened.

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[1] http://www.portaldogoverno.gov.mz/Legisla/legisSectores/judiciaria/codigo_penal.pdf

[2] http://confinder.richmond.edu/admin/docs/moz.pdf