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Maputo
Maputo, the capital of Mozambique. Photograph: Adrien Barbier/AFP/Getty Images
Maputo, the capital of Mozambique. Photograph: Adrien Barbier/AFP/Getty Images

Mozambique scraps anti-gay law

This article is more than 8 years old

Old Portuguese colonial laws removed in victory for gay rights campaigners

Mozambique decriminalised homosexuality on Monday when a new penal code came into force that swept away old Portuguese colonial laws, in a victory for campaigners for gay rights in Africa.

The old code, dating back to 1886, targeted anyone “who habitually engages in vices against nature” – but no known prosecutions were brought after Mozambique became independent in 1975.

Breaking the law was theoretically punishable by up to three years of hard labour. “It’s a symbolic victory, as social inclusion remains the main challenge,” said Frank, a gay rights activist who refused to give his full name.

The new penal code, which was announced last December by the then president, Armando Guebuza, also decriminalises abortion after lobbying by civil rights organisations.

The majority of African countries outlaw homosexuality, but Mozambique has seen little anti-gay violence or social friction over the issue.

Dercio Tsandzana, an influential blogger and activist, said there had been no public discussion of homosexual rights.

“The government instead abides by the external pressure put by some embassies and foreign donors,” he said. “Most Mozambicans don’t deny homosexuality, but one can’t say either that it is accepted.”

Despite a seven-year campaign, the Mozambican government has not officially recognised Lambda, the only gay rights organisation in the country.

The president of neighbouring Zimbabwe, Robert Mugabe, is known for his crusades against homosexuality and discrimination is widespread across the continent. It is punishable by death in Sudan, Nigeria and Mauritania.

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