Mozambique: Penal code reform


Date: February 26, 2019
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The UK based Equality and Alliance commissioned Gender Links to document the comprehensive review and reform of the Mozambique Penal Code in 2014. The case study and video focused on the reform of sexual offences (including decriminalisation of consensual same sex sexual conduct), domestic violence offences, abortion laws (specifically exceptions to the criminalisation of abortion) and trafficking laws – as a study of successful legislative reform.

Isaque Chande, the Mozambique Ombudsman and former Minister of Justice explained: “The penal code review was necessary because first of all it was old, since 1886, second it was produced based on the social values of Portuguese colonial society. It was necessary to have a penal code that reflected the new social reality in our country. There are new criminal acts that were not covered in the 1886 Penal Code, these are covered in the new Penal Code. The new Penal Code was adopted in June 2015 and went into another review in July 2015.

Key changes introduced through the revised Penal Code

Sexual offences:  The 1886 Penal Code defined sexual assault and sanctions according to whether the person assaulted was a virgin or not. The new provisions discard the value ridden notion and replaces it with comprehensive age-related delineations. There are two sections on sexual offences. The two sections define sexual assault differently and have different sentences for similar offences.

Domestic violence: Domestic violence is covered extensively in the 2015 Penal Code. The provisions in the 2015 Penal Code creates legal contradictions with the 2009 Domestic Violence Act. The definition of domestic violence in the Penal Code and the Domestic Violence Act differs.

The anomalies in the between the two laws creates options for cases of domestic violence. Judicial officers can choose which law to apply and what sentences to apply.

Termination of pregnancy: Termination of pregnancy had previously been legal only in the case of a threat to a woman’s life or health. Women may terminate their pregnancies during the first 12 weeks, except in the case of rape, which would extend the legal period to 16 weeks. It also stipulates that abortions would have to be carried out in approved health centres by qualified practitioners. Abortion is available as a free service.

Offences against nature: The 1886 Penal Code 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. The 2015 Penal Code removed the provision “who habitually engages in vices against nature” that was used to prosecute homosexuals in the past.

The Mozambique Penal Code review was a major task and one that the Mozambican government must be congratulated on. There are areas that require review and it is important to be vigilant about the next rendition due to be adopted in June 2019.


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