Maputo is governed by federal Mozambique law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- Ambiguous
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Maputo is lacking public opinion data.
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Homosexual activity in Maputo is legal.
Current status
Since Jun 29, 2015
Legal
On June 29th, 2015, a new Mozambique penal code came into effect. In the new penal code, the article that targeted anyone “who habitually engages in vices against nature" was removed.
Ambiguous
In February 2011, while speaking at the UN Human Rights Council’s review of Mozambique’s human rights record, the country’s justice minister stated that homosexuality was legal. However, the “vices against nature” clause remained in the penal code, leaving the legality of same-sex relations ambiguous.
Illegal (other penalty)
In 1886, while Mozambique was a colony of Portugal, it inherited a penal code that punished anyone “who habitually engages in vices against nature” with three years of hard labor.
Between 1975, when Mozambique became independent, and 2015, when this article was removed, there were no known prosecutions made under this article.
Between 1975, when Mozambique became independent, and 2015, when this article was removed, there were no known prosecutions made under this article.
Same-sex marriage in Maputo is banned.
Current status
Since Aug 25, 2004
Banned
Article 2 of the Family Law of Mozambique defines marriage as a “free and notorious union between a man and a woman.”
Censorship of LGBT issues in Maputo is no censorship.
Current status
Since 1988
No censorship
In Mozambique, there are no laws restricting the discussion or promotion of LGBTQ+ topics since 1988.
State-enforced
In 1975, the Mozambican government launched a crackdown on practices it associated with colonial society. While liberating in most aspects, it included a ban on the Carnivalesque, which was often a way for cross-dressers and transgender people to freely express themselves with pride. The carnival would experience a revival in 1988 but has not achieved the popularity it once had.
Until Feb 9, 1975
No censorship
Until 1975, there was no known censorship of LGBTIQ+ topics or expression in Mozambique. Between the 1950s and 70s, there was a hugely popular carnivalesque festival that was even recognised as a holiday which featured open expressions of crossdressing and transgender identity while also providing safe spaces of expression for homosexuals. The carnival would be banned in 1975.
Right to change legal gender in Maputo is ambiguous.
Current status
Since Dec 8, 2004
Ambiguous
Section 85(1) of the Código do Registo Civil 2004 gives the Civil Registrar general authority to make changes when there is a change of facts which alter the legal identity or status of the person registered. Transgender people can use this section to change the sex description on their identity document but it is unclear what they require for this.
Until Dec 7, 2004
Illegal
The law does not provide for individuals to change their gender identity marker or name on legal and identifying documents to bring them into alignment with their gender identity.
Gender-affirming care in Maputo is restricted.
Current status
Restricted
There is no access to gender reassignment surgery or hormone replacement therapy in Mozambique, although gender-affirming care is not banned either.
Legal recognition of non-binary gender in Maputo is not legally recognized.
Current status
Not legally recognized
Identifying as non-binary is not an option on passports, birth certificates, drivers licenses, ETC.
LGBT discrimination in Maputo is illegal in some contexts.
Current status
Since Aug 1, 2007
Illegal in some contexts
The Penal Code (2019) provide some protections for LGBT people:
-Article 160 (Aggravated Homicide) protects the victim's sexual orientation or gender identity.
-Article 191 prohibits incitement to discrimination, hatred, or violence against a person or group of people based on their gender identity. It also prohibits defamation, insults, and threats against transgender people. Sexual orientation is not mentioned in the article.
The Advertising Code (2016) prohibits advertising if it contains any discrimination or humiliation based on sexual orientation.
Resolution No. 31/2024, which approves the Urbanization Policy, protects sexual orientation in its definition of social inclusion.
The 2007 labor law protected against discrimination on employment on grounds of sexual orientation. (Repealed in 2024)
-Article 160 (Aggravated Homicide) protects the victim's sexual orientation or gender identity.
-Article 191 prohibits incitement to discrimination, hatred, or violence against a person or group of people based on their gender identity. It also prohibits defamation, insults, and threats against transgender people. Sexual orientation is not mentioned in the article.
The Advertising Code (2016) prohibits advertising if it contains any discrimination or humiliation based on sexual orientation.
Resolution No. 31/2024, which approves the Urbanization Policy, protects sexual orientation in its definition of social inclusion.
The 2007 labor law protected against discrimination on employment on grounds of sexual orientation. (Repealed in 2024)
LGBT housing discrimination in Maputo is no protections.
Current status
No protections
No protections are available for housing discrimination against LGBTIQ+ people in Mozambique.
Same-sex adoption in Maputo is single only.
Current status
Single only
Only single people or one member of a same-sex couple is able to adopt in Mozambique. Same-sex couples cannot legally adopt a child under both of their names.
Intersex infant surgery in Maputo is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Mozambique but not reported.
Serving openly in military in Maputo is legal.
Current status
Since Jun 29, 2015
Legal
Mozambican law requires all citizens between the ages of 18 and 35 regardless of sexual orientation or gender identity to serve at least five years in the military.
Blood donations by MSMs in Maputo is legal.
Current status
Legal
There are no known restrictions or bans on blood donations from men who have sex with men in Mozambique.
Conversion therapy in Maputo is not banned.
Current status
Not banned
Conversion therapy is legal in Mozambique and there have been cases of "corrective" rape in the country.
Legal Rights
50 / 100
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