| LGBT rights in Mozambique | |
|---|---|
Mozambique |
|
| Same-sex sexual activity legal? | Legal[1][2] |
|
Penalty:
|
– |
| Gender identity/expression | – |
| Discrimination protections | Sexual orientation protected (employment only)[3] |
The legal status of same-sex sexual activity is ambiguous in Mozambique. There are no explicit laws against homosexual sex, and 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.[4][5] However, the Penal Code does contain an offence of "practices against nature".[6] According to the ILGA, this clause could potentially be interpreted as including male and female same-sex sexual activity, even though it is unknown to what extent the law is enforced.[2] Indeed, reports state that the incidence of the statute being enforced against LGBT individuals have been slim to none.[7]
Mozambique is frequently regarded as amongst the most tolerant states concerning gays and lesbians throughout Africa.[8][9] While the government has reported fairly little on LGBT rights, all of what has been said has been positive.[10] It is one of the only three countries in Africa to offer any form of discrimination protections for gay, lesbians, and bisexuals, which have been in place since 2007.[2] Protests for such legislation had been kick started only a year before, signaling a reasonably swift response by the government.[11] 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.[12]
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