|For a summary of Mozambique’s review at the first cycle please click here.|
24th UPR session
Date of review: 19 January 2016
Date of report adoption: 12 April 2016
Document number: A/HRC/32/6
SOGIESC issues during Mozambique’s 2nd UPR review
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. JS2 also expressed concern about discrimination against sexual minorities and persons with albinism.
Freedom of expression, association and peaceful assembly, and right to participate in public and political life
40. JS1 expressed deep concern about limitations on freedom of association for organisations working on LGBTI rights. JS1 noted that, according to article 5 of Law 8/91, registration of an organization should not take more than 45 days. However, Lambda, an organisation working on sexual minority rights, had been denied a certificate of registration from the Ministry of Justice since January 2008. JS1 urged Mozambique to guarantee the freedom of association to organizations working on sexual minority rights and LGBT rights, noting that organisations should be able to register and operate freely and receive the necessary legal protection to guard against intimidation and violence from members of the public. JS2 made related recommendations.
Right to health
52. JS2 recommended that Mozambique train health providers to address the needs of sexual minorities: increase the fight against AIDS, as well as, protection action for people living with HIV/AIDS.
II. Excerpts on SOGIESC issues from the national report
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
15. The country team and the Human Rights Committee noted the prolonged delays in registering the Mozambique Association for Sexual Minority Rights (Lambda), a nongovernmental organization defending the rights of homosexuals.
Right to privacy, marriage and family life
39. The country team stated that articles in the previous Penal Code, which provided for the imposition of “security measures against those who habitually commit vices against nature” which, upon interpretation, could be used to criminalize sexual relations among same sex people had been removed. The country team noted that even though Mozambique had not accepted the relevant recommendation from the first universal periodic review, it had been partially fulfilled with the review of the Penal Code.
IV. References to SOGIESC issues during the Working Group review
26. Denmark noted the ratification of the Optional Protocol to the Convention against Torture, the adoption of a law on information, the new Penal Code legalizing abortion and decriminalizing homosexuality, and steps to prevent early childhood marriage.
55. The Netherlands commended progress with respect to the rights of women, children and lesbian, gay, bisexual, transgender and intersex persons.
82. Sweden […] noted that the new Penal Code did not outlaw discrimination on the basis of sexual orientation and gender identity.
101. Australia […] recognized that same-sex sexual activity had been decriminalized, but noted the lack of specific protection against discrimination.
110. Canada […] commended Mozambique for taking action to decriminalize same-sex conduct.
V. Conclusions and/or recommendations
Mozambique noted the following recommendations:
129.5 Adopt additional measures necessary to protect minorities, such as older persons, lesbian, gay, bisexual and transgender persons, persons with disabilities (Argentina);
129.11 Revise laws to expressly prohibit discrimination on the basis of sexual orientation, gender identity and intersex status (Australia);
129.12 Include sexual orientation and gender identity amongst illegal criteria for discrimination, in social, economic and political life and eliminate norms prohibiting consenting sexual relation between adults of the same sex (Chile);
129.13 Adopt legislation to specifically prohibit discrimination on the basis of sexual orientation and gender identity (Sweden);
129.34 Ensure the right of association of NGOs working on issues of sexual orientation and gender identity (Norway);
130.12 Strengthen mechanisms to prohibit discrimination against vulnerable groups, including persons with albinism; and ensure non-discrimination on applications for accreditation by civil society organizations, including organizations such as LGBT Association of Mozambique (Canada);
130.13 Agree to the registration of LAMBDA (the Association for Defence of Sexual Minorities) as an official NGO (United Kingdom of Great Britain and Northern Ireland).