MOZAMBIQUE – Compared to some African nations, the Republic of Mozambique has strong equality credentials. In an encouraging step forward, the country’s Justice Minister at the UN, Benvinda Levi, has said that homosexuality was not illegal in Mozambique.
LAMBDA, an LGBT association in Mozambique which is not currently recognized by the state, welcomed the statement but expressed concern over Article 71 of the Penal Code, which orders “security measures” against those who habitually commit “vices against nature.”
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.
The Mozambican Constitution enshrines “the principle of universality and equality,” but it does not specifically mention sexual orientation. It states that all “enjoy the same rights and are subject to the same duties, regardless of color, race, sex, ethnic origin, place of birth, religion, level of education, social position, marital status of their parents, profession or political option”.
LAMBDA is campaigning for the words “sexual orientation” to be added to the list to prevent discrimination in future.
Mozambique shares a border with South Africa, which legalized gay marriage in 2006.
