Mozambique

The Republic of Mozambique, which gained independence from Portugal in 1975, continues to suffer from the effects of a 16-year civil war that ended in 1992. The country held its first multi-party democratic elections in 1994.[ref]https://www.bbc.co.uk/news/world-africa-13890416; https://www.britannica.com/place/Mozambique/Peace-in-Mozambique#ref343969[/ref] Situated on the southeast of the African continent, its neighbors are Tanzania, Malawi, Zambia, Zimbabwe, South Africa and Eswatini.

According to the most recent census (2017), an estimated 46% of the population are Christian, the majority of whom are Roman Catholic (accounting for 27.3% of the population as a whole). A further 19% are Muslim, and 16% Jewish. Approximately 14% of the population were non-religious at this time.[ref]https://www.ine.gov.mz/web/guest/d/indicadores-socio-demograficos-mocambique-20062022[/ref] A significant portion of the population adheres to syncretic indigenous religious beliefs, fusing traditional practices with aspects of either Christianity or Islam.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/mozambique/[/ref]

Conflict in the northern region of Mozambique has led to a humanitarian crisis in the region, and human rights abuses carried out with impunity by – primarily Islamist – insurgents and government security forces alike.[ref]https://www.amnesty.org/en/location/africa/southern-africa/mozambique/report-mozambique/[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Free and Equal

Constitution and government

Constitutionally defined as a secular state (Article 12), the Constitution[ref]https://cdn.accf-francophonie.org/2019/03/mozambique_const-en.pdf[/ref] and other laws and policies protect freedom of thought, conscience and religion, as well as freedom of opinion and expression.

The Constitution establishes that the State “shall recognise and esteem the activities of religious denominations in order to promote a climate of understanding, tolerance and peace, the strengthening of national unity, the material and spiritual well being of citizens, and economic and social development.”

Article 54 of the Constitution enshrines the right to “Freedom of Conscience, Religion and Worship,” stipulating that “[a]ll citizens shall have the freedom to practice or not to practice a religion,” and that no one should be discriminated against for their beliefs.

Political parties are prohibited from using names containing expressions that are directly related to any religious denominations or churches, and from using emblems that may be confused with national or religious symbols  (Article 76).

A 2011 concordat ratified in 2012 between the Government and the Holy See in effect privileges the Catholic Church as a legal entity. The concordat gives the Church the right to “regulate ecclesiastical life,” formally recognizes and elevates various titles and procedures of the Church, and waives the need faced by other religious groups to register with the State – in effect giving the Church exemptions from meeting corresponding obligations.[ref]https://www.iuscangreg.it/conc/mozambico-2011.pdf[/ref]

A campaign by the Socialist government from 1979-1982 saw a systematic suppression of specifically religious freedom,[ref]https://www.britannica.com/place/Mozambique/Religion[/ref] including state control of religious institutions.

Although Article 43 stipulates that the rights outlined in the Constitution should be “interpreted and integrated in harmony with the Universal Declaration of Human Rights and with the African Charter of Human and Peoples Rights,“ the rights to freedom of expression and assembly are coming under increasing pressure from the authorities.

Education and children’s rights

According to Article 113 of the Constitution:

“1. The Republic of Mozambique shall promote an educational strategy that aims towards national unity, wiping out illiteracy, mastering science and technology, and providing citizens with moral and civic values.
[…]
“3. Public education shall not pertain to any religion.
[…]
“5. The State shall not plan education and culture in accordance with any specific philosophical, aesthetic, political, ideological or religious guidelines.”

Religious organizations are permitted to own and operate educational institutions, but religious instruction is not allowed in public schools.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/mozambique/[/ref]

The Concordat signed between the government and the Vatican permits the Catholic Church to operate schools, and teach in accordance with its values and doctrine. Such schools are permitted to teach the Catholic faith, however, under the Concordat, they are required to respect the principle of “religious freedom.”

With the capacity and growing number of non-governmental (private) universities — which has seen an increase in higher education overall — there has been some criticism that many such institutions are motivated by financial or religious concerns, at the expense of purely academic motivations. There is also concern about creating a brain drain from the state sector.[ref]Higher Education in Mozambique. ISBN 0-85255-430-3. Mario, Mouzinho; Fry, Peter; Leve, Lisbeth (2003)[/ref]

Child rights

Forced and child marriage remains a serious concern. It’s been reported that some pastors of some religious congregations encourage the use of virgin girls to settle the payment of debts incurred by their parents, a practice criticised by other religious leaders [ref]https://clubofmozambique.com/news/mozambican-religious-leaders-repudiate-use-girls-repay-debts/[/ref]

Family, community and society

As an ethnically diverse nation, the Constitution “recognises the different normative and dispute resolution systems that co-exist in Mozambican society, insofar as they are not contrary to the fundamental principles and values of the Constitution.” However, research suggests that the State has limited reach throughout its territory, particularly in remote rural areas, which affects the implementation of the law and access to remedy.[ref]https://www.diva-portal.org/smash/get/diva2:1604798/FULLTEXT01.pdf[/ref] As a result, local customs and laws that may not be compatible with the principles of the constitution are applied to varying degrees.

Discrimination

A deeply patriarchal society, women and sexual minorities are often greatly disadvantaged across various levels of society.[ref]https://upr-info.org/sites/default/files/documents/2021-07/js12_upr38_moz_e_main.pdf; https://journals.sagepub.com/doi/full/10.1177/23333936211051701[/ref]

Custom often dictates that a lobolo (or dowry) is paid upon marriage, and thus the bride is considered bound to the family of her husband. As a result, widows are often required to marry their husband’s brother upon his death (a practice known as ‘levirate’).[ref]https://www.diva-portal.org/smash/get/diva2:1604798/FULLTEXT01.pdf; https://upr-info.org/sites/default/files/documents/2021-07/js12_upr38_moz_e_main.pdf[/ref] The practice results in the perpetuation of social inequalities.

In some regions, particularly the northern provinces, women are reported to have limited access to the formal judicial system for enforcement of rights provided under the civil code and instead rely on customary law to settle disputes. Under customary law, women typically have no rights to inherit an interest in land.[ref]https://upr-info.org/sites/default/files/documents/2021-07/js4_upr38_moz_e_main.pdf[/ref]

Although consensual same-sex sexual activity has been legal in Mozambique since 2015, members of the LGBTI+ community continue to face significant social stigma that is reported to particularly affect their ability to access medical services.[ref]https://frontpageafricaonline.com/news/mozambique-lgbt-rights-activists-demand-equal-access-to-health-services%EF%BF%BC/[/ref] In addition, according to ILGA World, the Ministry of Education removed a textbook called “The Secret of Life” from the schools’ curriculum in 2022. The book reportedly contained information about homosexuality which caused public backlash on social media. The Department of Education indicated that it would issue new textbooks in 2023 that would deal with the topic in a more culturally sensitive manner.[ref]https://database.ilga.org/mozambique-lgbti[/ref]

In addition, numerous health care challenges persist in Mozambique, especially in relation to sexual and reproductive rights.[ref]https://upr-info.org/sites/default/files/documents/2021-07/js4_upr38_moz_e_main.pdf; https://www.mdpi.com/2673-7051/3/2/24[/ref]

Sexual health and reproductive rights

According to a joint submission made to the UN Human Rights Council, by the Young Feminist Movement of Mozambique, the Coalition of African Lesbians, and the Sexual Rights Initiative:[ref]https://upr-info.org/sites/default/files/documents/2021-07/js12_upr38_moz_e_main.pdf[/ref]

“Religious and traditional leaders play a big role in spreading non-scientific false, misleading and stigmatising information about sexual and reproductive health. There is also an absence of comprehensive sexuality education and other rights and evidence based information about sexual and reproductive health and rights. As a result there is widespread lack of knowledge on the origin of HIV/AIDS, prevention of sexually transmitted diseases, and family planning; the impact of multiple partners and polygamy on sexually transmitted diseases, including HIV/AIDS; the belief that more children represent increased potential for wealth and income for the family; and early forced marriage. Some religious institutions and teachings are resistant to family planning, and prohibit condom use. Culture, along with lack of accurate information and access, lead to shocking outcomes, such as only about 12 percent of women are estimated to be using modern contraception.”

Superstitious practices

Fear and superstitions about people with albinism, including that their body parts possess magical properties, has led to abductions, mutilations, even killings.[ref]https://www.hrw.org/news/2023/09/05/breaking-educational-barriers-children-albinism[/ref] The same can also be said for the elderly who are often accused of witchcraft.[ref]https://www.bbc.co.uk/news/world-africa-15562195; https://www.ohchr.org/en/documents/country-reports/ahrc4243add2-visit-mozambique-report-independent-expert-enjoyment-all[/ref]

In 2017, five bald men were killed due to a cultural belief that their heads contained gold. Police have blamed witchdoctors of orchestrating these killings in attempts to acquire human body parts for money making rituals.[ref]npr.org/sections/goatsandsoda/2017/06/09/532264284/bald-men-are-being-hunted-down-in-mozambique; https://www.voanews.com/a/poverty-witchcraft-mozambique-risky-bald-men/3901884.html[/ref] In 2022, it was reported that a man was decapitated by criminals who planned to sell the head to a client from Mali.[ref]https://www.capetalk.co.za/articles/436768/bald-man-decapitated-in-mozambique-over-belief-head-contained-gold; https://capitalradio.co.ug/lifestyle/2022-01-18-bald-man-gets-decapitated/[/ref]

Conflict – a forgotten war & impunity

Attacks in Cabo Delgado started in October 2017 with killings of civilians by an armed group calling itself Al-Shabaab, which has no known operational relationship with Al-Shabaab in Somalia, but is thought to have connections with ISIS, and is known locally as “Mashababos.”[ref]https://www.amnesty.org/en/latest/news/2023/01/mozambique-video-showing-soldiers-burning-corpses/[/ref] Between October 2017 and December 2022, the often indiscriminate attacks displaced more than one million residents and killed nearly 2,000 civilians of all faiths.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/mozambique/; https://www.crisisgroup.org/africa/east-and-southern-africa/mozambique/making-most-eus-integrated-approach-mozambique[/ref] Local and international groups have cautioned against ascribing religious motivations to the attacks, citing ongoing socioeconomic inequalities as one of the drivers of the conflict.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/mozambique/; https://www.crisisgroup.org/africa/east-and-southern-africa/mozambique[/ref]

Amnesty International has documented atrocities amounting to violations of international humanitarian law perpetrated by all sides of the conflict over the resulting years.[ref]https://www.amnesty.org/en/latest/news/2021/03/mozambique-civilians-killed-as-war-crimes-committed-by-armed-group-government-forces-and-private-military-contractors-new-report/[/ref]

Freedom of expression, advocacy of humanist values

Although guaranteed under the Constitution, the rights to freedom of expression and peaceful assembly have come under increasing pressure over the past few years. Journalists and human rights defenders have faced harassment, threats and arbitrary arrest, particularly when seeking to cover the unfolding humanitarian crisis in the country’s northern Cabo Delgado region.[ref]https://www.amnesty.org/en/location/africa/southern-africa/mozambique/report-mozambique/; https://www.hrw.org/africa/mozambique[/ref]

Despite calls for the country to repeal criminal defamation laws, Mozambique’s Penal Code continues to criminalize defamation and slander. In addition, defamation and slander against the President, members of the government, parliamentarians, magistrates and other public authorities are also criminalized in the Press Law.[ref]https://upr-info.org/sites/default/files/documents/2021-07/aba_chr_upr38_moz_e_main.pdf[/ref]

The rights to freedom of peaceful assembly and association have been repressed in tandem with legal efforts to shrink civic space. Successive peaceful protests have been broken up by unnecessary use of force by the police.[ref]https://www.amnesty.org/en/latest/news/2023/03/mozambique-protesters-assaulted-and-teargassed; https://www.amnesty.org/en/location/africa/southern-africa/mozambique/report-mozambique/; https://www.hrw.org/world-report/2023/country-chapters/mozambique#28f39a[/ref]

At the time of reporting, the Mozambique government was considering a draft law on NGOs that, according to Human Rights Watch, would “undermine the work of civil society groups and the right to freedom of association in the country.”[ref]https://www.hrw.org/news/2023/02/10/mozambique-draft-law-threatens-civil-society-groups[/ref] Purportedly intended to curb funding of terrorist organizations, the bill contains several articles that contravene the Mozambican Constitution and regional and international human rights instruments to which Mozambique is party, including articles permitting the Ministry of Justice – not a court – to close an NGO if it fails to submit evidence of its good functioning and accounts annually.[ref]https://www.hrw.org/news/2023/02/10/mozambique-draft-law-threatens-civil-society-groups; https://www.americanbar.org/groups/human_rights/reports/mozambique-ngo-law-analysis/; https://www.civicus.org/index.php/media-resources/news/interviews/6268-mozambique-the-new-ngo-law-will-be-the-death-of-the-civic-movement; https://www.fidh.org/en/region/Africa/mozambique/mozambique-a-mission-from-the-observatory-assesses-the-state-of-civic[/ref]