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MOZAMBIQUE

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Discrimination Legislation/Cases/References
1.

National

In 2011, the Constitution reportedly enshrines "the principle of universality and equality", it does not specifically mention sexual orientation. It states that all "enjoy the same rights and are subject to the same duties, regardless of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, marital status of their parents, profession or political option" [R1.2].

LAMBDA was campaigning for the words "sexual orientation" to be added to the list to prevent discrimination in future [R1.2].


In 2007, in an uncorroborated report, discrimination in employment based on sexual orientation became unlawful [R1.1].

R1.2 PinkNews: Mozambicans seek constitutional amendment to enshrine gay rights 02 MAR 11
R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, MAY 09
Homosexuality, Sodomy Legislation/Cases/References
1.

National

On 29 May 2015, it was reported that with effect from 29 June, the revised Penal Code will become law - removing the previous reference to engaging in 'vices against nature' that was used to discriminate against and prosecute LGBTI people [R1.4].

Previously:

Consensual sex between same-sex couples was unlawful [R1.3].

Concern has been expressed over Article 71 of the Penal Code, which orders "security measures" against those who habitually commit "vices against nature" [R1.2].

"Security measures", defined in the Code, include hard labour, internment in an asylum, and debarment from professional activities.

The term "vices against nature", which was a 1954 inclusion, is not defined, and the campaign group is concerned that without explicit protection of homosexuality, a court could rely on this clause.

Under the Penal Code of September 16, 1886, as amended in 1954 (inherited from the Portuguese colonial era) Articles 70 and 71 add "security measures" on people who habitually practice acts against the order of nature, stating such people shall be sent to labor camps [R1.1].

R1.4 GayStarNews: Gay sex will be officially legal in Mozambique from next month 29 MAY 15
R1.3 365gay.com: Same-Sex Handholding Now Illegal in Zimbabwe 17 JUL 06
R1.2 PinkNews: Mozambicans seek constitutional amendment to enshrine gay rights 02 MAR 11
R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, MAY 09

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