Parliamentarians for Global Action (PGA) commends the Parliament of Mozambique for the passage of a new Penal Code that decriminalizes homosexuality. This is critical, as discriminatory laws in 79 countries around the world still criminalize private, consensual same-sex relationships, exposing millions of individuals to the risk of arrest, prosecution and imprisonment – and even, in seven countries, to the death penalty. Criminalization of consensual same-sex conduct violates rights to privacy and to freedom from discrimination, both protected under international law, and places States in material breach of their obligation to protect the human rights of all people and the principle of equality of all before the law. Mozambique’s new Penal Code provides a framework to protect the human rights of all individuals regardless of sexual orientation and gender identity.
PGA Member Hon. Antonio Niquice, MP (Mozambique) noted the importance of the new Penal Code:
As a longstanding member of PGA, I am pleased to have contributed to the drafting and revision of the new Penal Code in Mozambique that has been in place since 1886 during colonial era. Moreover, I believe that the criminalization of people based on their sexual orientation goes against all international and regional human rights treaties. The New Penal Code introduces changes adjusted to the actual political, economic and social reality in Mozambique. Through such changes in the new Penal Code, Mozambique makes a strong statement and reinforces the fight against the discrimination based on sexual orientation and gender identity. It serves to send the message that it is the duty of all nations to secure and provide human and equal rights to all of its people.
