Despite Mozambique’s progressively changing views on sexual orientation and gender identity, its lesbian, bisexual, transgender, and intersex (LBTI) communities do not feel completely protected from discrimination, violence, and stigma. In 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.
The status of same-sex relationships in Mozambique was ambiguous until 2015 when the enactment of the new Criminal Code did not include any penalising provisions regarding same-sex activity. Same-sex unions and marriage are not legally recognised.
While some legal provisions in Mozambique protect LBTI people from discrimination, there is no law that allows for gender affirmation or provisions that recognise intersex rights.
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 â€œall 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”.
The last submitted State party report was in 2018 and contained no information on LBTI constituencies.
At the 73rd Session, the CEDAW Committee indicated concern about the reports of detention of women with young children and of sexual harassment and abuse against women in detention, including lesbian, bisexual and transgender women, and intersex people.
The Committee also recommended that Mozambique improves the conditions in female detention facilities in accordance with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) and intensify efforts to prevent gender-based violence against women in detention, including lesbian, bisexual and transgender women, and intersex persons.
While the Committee provided SOGIESC-specific recommendations, the List of Issues did not have any LBTI-specific questions.