A/HRC/41/45/Add.2
Annex
Report of the Independent Expert on protection against
violence and discrimination based on sexual orientation and
gender identity on his visit to Mozambique
I. Introduction
1.
The present report examines the situation of violence and discrimination based on
sexual orientation and gender identity in Mozambique, drawing on information received by
the Independent Expert in the context of his visit to the country from 3 to 10 December
2018. The purpose of his visit was threefold: to identify opportunities and challenges
surrounding social inclusion in a country firmly committed to the furtherance of the goal of
leaving no one behind, within the framework of the 2030 Agenda for Sustainable
Development; to assess the impact of the 2015 same-sex decriminalization process on
social perceptions and State action; and to draw from the experiences of Mozambique, a
country with an extraordinary history of confluence of traditions and plurality of legal
orders.
2.
The Independent Expert worked in situ in Maputo and Nampula, where he met with
representatives of the executive, legislative and judicial branches, local authorities, the
National Human Rights Commission and with the Ombudsman. The Independent Expert
wishes to thank the Government of Mozambique for the invitation to conduct the visit and
for its excellent hospitality and cooperation during the visit. For many of the interlocutors
he met, his visit was the first opportunity to have an institutional discussion about the
human rights problematic faced by lesbian, gay, bisexual and trans persons, and he is
thankful for the notable openness, respect and candour with which all discussions were held,
as well as the commitment of the State to thoughtful attention to these matters in the future.
3.
The Independent Expert also had the opportunity to speak at great length with
leaders and community members of the Islamic faith in Nampula and leaders of other
religious denominations in Maputo, as well as with traditional healers in the north of the
country. The Independent Expert is always encouraged when he speaks with prominent
religious and community leaders: while divergent views are identified in relation to some
specific matters, it is at all times possible to agree on the fact that violence and
discrimination on the basis of sexual orientation and gender identity are never justified and
must be condemned and discouraged. The Independent Expert was also thankful to hear,
from all interlocutors, about their willingness to continue a conversation about learning how
to create spaces of peaceful and respectful coexistence. When creating its resolution 32/2,
the Human Rights Council requested that dialogue be one of the principles for the mandate,
and he was delighted to have been able to implement this approach so actively during this
visit.
4.
The Independent Expert also benefited from the cooperation and indispensable
support of Lambda, the leading lesbian, gay, bisexual and trans organization in
Mozambique, the leaders and members of which showed great generosity in sharing their
knowledge and opinions. The organization facilitated contact with dozens of members of
the community who, in turn, shared their lived experiences. In addition, he had the privilege
of meeting with a number of civil society organizations working in areas that have
significant intersections with the concerns of his mandate. He also met with the United
Nations country team, as well as members of the diplomatic corps.
5.
The Independent Expert wishes to thank everyone he met and expresses his gratitude
for their readiness to engage in an open and constructive dialogue. He is also profoundly
grateful to the lesbian, gay, bisexual and trans people who shared their stories with him.
Lastly, he would like to thank the United Nations Country Team for its support before and
during the visit.
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