LGBT rights in Mozambique

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

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.

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. 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".

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:

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%))

Living conditions

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.