Mozambique

10th UPR session
Date of review: Tuesday, 1 February, 2011
Date of report adoption: 9 June, 2011
Document number: A/HRC/17/16

Summary

Recommendations made: Repeal the laws criminalising sexual relations between consenting adults of the same sex and guarantee fully the right of association including for NGOs working on issues of sexual orientation and gender identity.

Status of recommendations: Rejected.

I. Key issues/recommendations identified by NGOs

  • Repeal criminal sanctions against sexual activity between consenting adults in conformity with Mozambique’s commitment to equality and non-discrimination;
  • Ensure the right of association and enable the registration of NGOs working on issues of sexual orientation and gender identity, such as LAMBDA, without undue delay.

II. Excerpts from input reports

Compilation of UN information

II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
B. Implementation of international human rights obligations
4. Right to privacy, marriage and family life

55. UNCT stated that the current penal code prohibits homosexuality while the revised labour law (2007) prohibits discrimination against employees on the basis of their sexual orientation.

Summary of stakeholder information

II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
3. Administration of justice, including impunity and the rule of law

30. LAMBA stated that in January 2008 an application was made to the Registrar of Companies to incorporate LAMDA (Mozambique Association for the Defense of Sexual Minorities) as an NGO for the protection of sexual minorities’ rights. On the date of the submission there had still not been a decision by the government, despite several meetings between LAMBDA representatives and senior officials in the Ministry of Justice. LAMBDA stated that the lack of response violated the right of association established in the Constitution and that it constituted a tacit rejection based on the issue of sexual orientation and was thus in violation of Article 20 of the Universal Declaration of Human Rights and Article 20 of the Yogyakarta Principles. LAMBDA recommended that Mozambique take a positive decision regarding the incorporation of LAMBDA.

JS1 supported the calls to enable the registration of NGOs working on issues of sexual orientation and gender identity, in accordance with the principles of the UN Declaration on Human Rights Defenders.

JS2 recommended that the authorities speed up the process of legalisation of LAMBDA.

4. Right to privacy, marriage and family life

31. JS1 noted that articles 70 and 71 of Mozambique’s Penal Code impose measures against people who habitually practice acts “against the order of nature”, stating that such people may be sent to labour camps. It recommended that Mozambique repeal criminal sanctions against sexual activity between consenting adults.

III. Interactive dialogue and responses by the State under review

29. Canada […] encouraged Mozambique to continue its efforts to eliminate discrimination, including on the basis on sexual orientation and gender identity, and to facilitate civil society contributions in this regard.

38. Slovenia […] asked about measures to enforce the “zero tolerance” policy on sexual abuse in schools and when Mozambique will incorporate the principle of non-discrimination on the ground of sexual orientation including into its Penal Code.

69. Netherlands […] praised the revision of Mozambique’s Labour Law prohibiting discrimination against employees on the basis of their sexual orientation but was concerned that the Penal Code still prohibited homosexuality.

85. Regarding questions on the issue of sexual orientation, Mozambique stated that its Constitution makes no reference to sexual orientation. The country is confronted with profoundly entrenched cultural and religious habits and such issues are recent and have only begun to be faced now. It was added, that homosexuality is not criminalized, as there is no such definition in the Criminal Code so that no one can be sanctioned for homosexuality. It was added, regarding freedom of association, that there was no restriction in this regard.

IV. Conclusions and/or recommendations

The following recommendations did not enjoy the support of Mozambique:

  • 91.4 Repeal the laws criminalising sexual relations between consenting adults of the same sex and guarantee fully the right of association including for NGOs working on the question of sexual orientation (France);
  • 91.5 Repeal criminal sanctions against sexual activity between consenting adults (Netherlands);
  • 91.6 Amend articles 70 and 71 of the Penal Code with a view to not criminalising sexual relations between consenting adults of the same sex; ensure the right to association of LGBTs and facilitate the registration and activities of NGOs specialised on issues of sexual orientation and gender identity (Spain);
  • 91.8 Ensure the right to freedom of association and enable the registration of NGOs working on issues of sexual orientation and gender identity (Netherlands)

V. Adoption of report

No references to sexual orientation and gender identity were made during the adoption of the report.

VI. Further information

UPR Documentation

National report 1 : ACEFRS
Corrigendum 1  : E only
Compilation of UN information 2 : ACEFRS
Summary of stakeholders’ information 3 : ACEFRS
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Addendum 3 : E only

Outcome of the review
Report of the Working group   : ACEFRS
Addendum 1 : E
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