A/HRC/41/45/Add.2 training package for police officers and, in consultation with civil society organizations, is incorporating elements related to sexual orientation and gender identity. It is also developing an electronic system to collect data on gender-based violence that will enable victims to self-identify. The Independent Expert is encouraged that those measures are being taken and calls for them to be developed further and for the Government to take ownership for them as part of a comprehensive strategy to combat violence and discrimination based on sexual orientation and gender identity. 32. In addressing any instance of violence and discrimination, the role of State institutions is crucial, and the absence of policies related to sexual orientation and gender identity has a severe impact on the ability of the State to address the phenomenon. From the chain of justice, through public health or social service, the eradication of violence and discrimination on the basis of sexual orientation or gender identity depends on the existence of public policies in public institutions. Such policies are indispensable in order to recognize the existence and particular challenges that lesbian, gay, bisexual and trans people face in any given context. 33. In Mozambique, the system tends to make sexual orientation and gender identity, a feature of human existence, invisible. As a consequence, statistics based on sexual orientation and gender identity are absent from every sector, and official statistics invariably misrepresent the size of affected communities and populations, the number of incidents concerning their particular problematic, which leads to prejudicial and inexact categorization of cases as a result of misidentification, concealment of the victim’s true sexual orientation or gender identity, and underreporting. The systemic failure to collect data often results in the virtual invisibility of the concerns and abuses faced by lesbian, gay, bisexual and trans individuals. 34. In turn, the lack of data leads to the absence of adequate public policies to respond to their valid concerns and problematic. As a result, State agents are badly equipped to address the particular needs of these populations. 35. The key populations in the third and fourth HIV/AIDS National Strategic Plans (2010–2019) were men who have sex with men, commercial sex workers and their clients, users of intravenous drugs, prisoners and the migrant and displaced populations. While this is the only public policy in the country that appears to take into consideration increased vulnerability due to sexual orientation and the connected stigma and discrimination, the emphasis on behaviour (men who have sex with men) fails to capture all political and social aspects of the life of gay men and other communities and populations. C. Access to justice 36. During his visit, the Independent Expert had the opportunity to meet with representatives of the judiciary, including from the Supreme Court and the Provincial Judicial Court of Nampula. While the Independent Expert witnessed great receptiveness with regard to issues related to his mandate, he found no indication of a systematic approach or comprehensive policy to address violence and discrimination based on sexual orientation and gender identity. 37. Judges conveyed the perception that the judiciary remains influenced by some moral norms that may sometimes conflict with the law, and that it follows societal and social developments rather than leading social changes. 38. The Independent Expert notes with satisfaction that the Centre for Legal and Judicial Training has mainstreamed human rights and gender in the initial training and continuous learning courses given to legal professionals. He nevertheless regrets that the training courses do not incorporate elements related to violence and discrimination based on sexual orientation or gender identity and recommends that they be taken into consideration in the context of the current review of the curriculum. The Independent Expert also notes with concern that, due to budget cuts, the number of training courses delivered by the Centre has fallen. He wishes to underscore the importance of such training in order to dismantle barriers to effective access to justice by lesbian, gay, bisexual and trans persons. 8

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