A/HRC/41/45/Add.2
and gender identity, as far back as their memory could take them. They knew, they said,
that these features were as fundamental to their identity as their personality, the shape of
their heart or the colour of their eyes. Many of them said they had these feeling before they
even knew or understood that other persons in the world also had them, before they had any
exposure to persons outside their community, their region and certainly the country.
Lesbian, gay, bisexual and trans people exist in every single corner of the world. To say
otherwise is not only delusional: it fuels stigma, discrimination and hatred. As one older
lady in a faith-based community noted, with great wisdom:
We, mothers, we always know. We see our children; we know what makes them
smile; what makes them dream. So we always know. But if our son likes a boy or
our daughter likes a girl, we are terrified for them because we know that in their life
they will suffer too much, and we are so ashamed because the neighbours will
criticize us. So we try to change them, to protect them and to protect ourselves.
12.
The Independent Expert did not receive reports of massive, systematic or flagrant
discrimination or physical violence against persons on the basis of their sexual orientation
or gender identity in Mozambique. According to many State and non-State actors, this can
be attributed to high levels of tolerance within Mozambican society and to the value
attached to consensus-building by all societal actors. A commendable level of respect for
life and personal integrity exists, which is remarkable in the case of diversity in sexual
orientation and gender identity given that Mozambique is one of the countries in which
criminalizing laws were imposed by colonial powers. This high level of tolerance has a
positive impact on the forbearance of lesbian, gay, bisexual and transgender people as
members of the society who deserve protection and equality of rights. Therein lies an
extraordinary capital on which Mozambican society will need to rely in order to make
progress in this area. As detailed below, the social ownership of tolerance is reinforced by
Constitutional and legal standards.
13.
The social environment does not, however, encourage lesbian, gay, bisexual or trans
people to live openly and freely, embracing their sexual orientation or gender identity, and
the Independent Expert found no evidence that State policies acknowledge and embrace
these essential aspects of persons living under its jurisdiction. On the contrary, State agents
consistently expressed the view that issues related to sexual orientation and gender identity
are perceived very negatively among the general population and must be handled with great
care and only progressively, if at all. The Independent Expert is of the view that this
perception must be challenged. During his visit, every single person interviewed, from
religious leaders to political authorities and civil society activists, stated that no reason can
ever justify violence and discrimination on the basis of sexual orientation and gender
identity. This observation is consistent with an opinion poll conducted in the region that
shows that Mozambique is among the most tolerant countries in Africa with regard to
lesbian, gay, bisexual and trans people,8 with national surveys showing that more than 60
per cent of Mozambicans believe that lesbian, gay, bisexual and trans people should enjoy
the same rights as others,9 and that 85 per cent oppose violence against them. 10
14.
The Independent Expert found that the public policy agenda in this regard is
hindered by a lack of awareness about diverse sexual orientations and gender identities,
including the fact that homosexuality, lesbianism, bisexuality and gender diversity are
inherent traits of human nature and are not lifestyles that can be chosen, promoted or taught.
For example, a lawmaker at the National Assembly said that: “Homosexuality is not
forbidden in Mozambique, but it is also not permitted.” In other words, the State cannot –
and will not – take measures that can be seen as promoting the fact that some people are
gay and, by extension, lesbian, bisexual or trans. Education for public officials is
8
9
10
4
See Boniface Dulani, Gift Sambo and Kim Yi Dionne, “Good neighbours? Africans express high
levels of tolerance for many, but not for all”, Afrobarometer Dispatch No. 74, 1 March 2016.
See International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Minorities report
2017: attitudes to sexual and gender minorities around the world (Geneva, ILGA, 2017).
See Lambda, “Attitudes towards homosexuality in Maputo, Beira and Nampula” (2017). Available at
https://spark.adobe.com/page/1whcHk1ZoykJ0/.
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