A/HRC/41/45/Add.2 73. Yet, this organization continues to be refused its legal personality. Its registration process started on 28 January 2008. Shortly afterwards, members of the organization were informed that the “moral code” of the country posed an obstacle to the registration. In March 2009, the Minister of Justice recommended that Lambda amend its application, which it did. In September 2013, the Ombudsman made a request to the Constitutional Council to pronounce itself on the constitutionality of article 1 of the law on associations, which adds other exceptions to the right to freedom of association in addition to those enshrined in the Constitution. In 2017, the Constitutional Council declared article 1 of Law No. 8/91 unconstitutional, not only on the grounds that it broadens the limits of association set by the Constitution (i.e., by extending it to limitations based on moral grounds), but also because it runs contrary to the principles of equality and non-discrimination.26 74. Several States and United Nations human rights mechanisms have called upon Mozambique to process Lambda’s application for registration expeditiously: Canada, during the universal periodic review in 2011 (A/HRC/17/16, para. 89.67), the Human Rights Committee in 2013 (CCPR/C/MOZ/CO/1, para. 22) and Norway, Canada and the United Kingdom of Great Britain and Northern Ireland during the universal periodic review in 2016 (A/HRC/32/6, paras. 129.34 and 130.12–130.13). 75. The Independent Expert is concerned that the non-recognition of Lambda and the misconception, by some authorities, that Lambda is “promoting” or “encouraging” homosexuality has an impact on the conceptualization and operationalization of human rights among civil society organizations. The Independent Expert was told that some organizations do not want to cover sexual orientation and gender identity as part of the equation in the struggle for human rights or do not want to support initiatives from Lambda as they believe they might be seen as “supporting practices that are not tolerated by the State”. 76. In the view of the Independent Expert, the refusal by Mozambique to grant the legal personality required by law to the civil society organization Lambda is contrary to its own law, and will remain, until fully corrected, a blemish on the State’s record in the fight against violence and discrimination. V. Conclusions 77. The Independent Expert wishes to commend Mozambique for having chosen the path of tolerance, despite having had colonial laws that persecuted persons on the basis of their sexual orientation or gender identity imposed on it. It is laudable that provisions that could have been interpreted as criminalizing same-sex sexual relations were repealed in 2015. The culture of tolerance that is fully owned and cherished by Mozambican people constitutes an extraordinary capital to protect lesbian, gay, bisexual and trans people from levels of violence to which they are subjected in other parts of the world. In and of itself, however, tolerance is not sufficient to enable people to live openly and proudly, as lesbian, gay, bisexual and trans people are caught up in a spiral of exclusion and pushed to the margins of society if they dare to break the tacit pact of social invisibility. 78. Mozambique will need to take decisive action to move from a spirit of tolerance to full acceptance and sociocultural inclusion of its lesbian, gay, trans and bisexual populations. All indicators show that the society is ready to make that move, but to do so, Mozambique needs to invest heavily in education and awareness-raising measures. To date, myths and misconceptions continue to hinder public policy agenda and stigma lead to discrimination against lesbian, gay, bisexual and trans people in all areas of life. To date, Mozambique is effectively leaving behind people with diverse sexual orientations and gender identities. To change that, Mozambique needs to 26 Constitutional Council, judgment No. 07/CC/2017 of 31 October. Unofficial translation available at www.amsher.org/wp-content/uploads/2017/11/Lambda-Mozambique_CourtJudgement_Unofficial.pdf. 15