Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of adults and children, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is age 12 or older and 20 to 24 years’ imprisonment if the victim is younger than age 12.
Conviction of abuse of a spouse or unmarried partner–regardless of gender–is punishable by one to two years’ imprisonment or longer if another crime is also applicable. The government did not effectively enforce domestic abuse law. Victims often decided not to file charges or perpetrators fled arrest. NGOs stated domestic violence against women remained widespread and increased during the COVID-19 state of emergency due to restricted movement and confinement in place with male partners. The April 6 COVID-19-related release of approximately 5,000 prisoners to reduce overcrowding excluded those convicted of domestic violence (see section 2.c., Physical Conditions).
Many cases of domestic violence were not reported to authorities. In addition according to NGO and media reports, many families preferred to settle rape allegations through informal community courts or privately through financial remuneration rather than through the formal judicial system.
Government agencies and NGOs implemented public outreach campaigns to combat violence against women nationwide. Police and NGOs worked together to combat domestic violence. The PRM operated special women and children’s units within police precincts that dealt with high numbers of victims of domestic violence, sexual assault, and violence against children cases.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. NGOs and the government stated the incidence of FGM/C was low, but there were no reliable estimates of the numbers of girls and women subjected to FGM/C.
Other Harmful Traditional Practices: The practice of “purification,” whereby a widow is obligated to have unprotected sex with a member of her deceased husband’s family, occurred, particularly in rural areas, despite campaigns against it.
Sexual Harassment: Sexual harassment remained pervasive in business, government, schools, and broadly in society. There is no legislation on sexual harassment in public places outside of schools. By law a teacher who abuses or sexually harasses a student through orders, threats, or coercion may be fined up to 20 times the teacher’s monthly salary.
In August media reported male instructors were accused of impregnating female trainees in the Matalana Police Training School in Maputo Province. Media reported all instructors suspected of involvement were suspended and the pregnant trainees sent home on administrative leave with assurances they would be allowed to complete their training following their pregnancies.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health free from discrimination, coercion, or violence. Limited access to information hindered their ability to do so.
Social and cultural barriers affected access to family planning services. These barriers included early marriage and childbearing, families with many children, and stigmatization of discussion of sexual topics with adolescents.
The government provided access to sexual and reproductive health services for survivors of sexual violence. The government’s Health Sector Gender Inclusion Strategy 2018-2023 provides for policies, standards, and multisectoral coordination with partners and civil society to address gender-based violence.
According to the 2011 Mozambique Demographic and Health Survey, the maternal mortality rate was 408 deaths per 100,000 births. The main factors were the lack of access to and availability of quality prenatal health care and emergency care of complications, such as hemorrhage, hypertensive disorders, and sepsis during childbirth. The adolescent fertility rate (births per 1,000 girls and women between the ages of 15 and 19) in 2018 was 146.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women as for men; however, the government did not enforce the law effectively. The law does not specifically require equal pay for equal work, nor does it prohibit discrimination based on gender in hiring. The law contains provisions that limit excessive physical work or night shift requirements during pregnancy. The law contains special provisions to protect women against abuse, although these provisions were rarely enforced.
Women experienced economic discrimination. Gaps in education and income between men and women remained high. In some regions, particularly in the north, women had limited access to the formal judicial system for enforcement of rights provided by the civil code and instead relied on customary law to settle disputes. Enforcement of laws that protect women’s rights to land ownership in the formal economy remained poor. Women typically could not inherit land under customary law.
The parliament had a women’s caucus composed of members from the three parties with parliamentary seats that sought to promote women’s rights, including women’s representation in decision-making bodies.