Mozambique: Further information: Legal protection of rapists to be struck out
Mozambique’s authorities have publicly undertaken to strike down the proposed law which would have enabled rapists to escape prosecution by marrying their victims.
Further information on UA: 42/14 Index: AFR 41/002/2014 Mozambique Date: 25 March 2014
URGENT ACTION
LEGAL PROTECTION OF RAPISTS TO BE STRUCK OUT
Mozambique’s authorities have publicly undertaken to strike down the proposed law
which would have enabled rapists to escape prosecution by marrying their victims.
The parliamentary Legal, Human Rights and Constitutional Affairs Commission announced on 20 March that an
article enabling rapists to escape prosecution by marrying their victims would be struck from the draft Criminal
Code. Under Article 223 of the proposed draft Code, criminal charges could be suspended against anyone who
married the person they were accused of raping. The president of the commission said that although the draft
Criminal Code would still be discussed, Article 223 would no longer be included.
Although the authorities have undertaken to remove this article, the draft law still contains a provision preventing
criminal proceedings against alleged sex offenders from being started unless survivors of sexual abuse, their
parent or guardian if they are “minors” (a word whose meaning varies within the Code), or a person they live with,
make an official complaint. In many cases survivors of sexual abuse may be discouraged from reporting the abuse
by shame, fear or pressure from third parties. Requiring a complaint to have been lodged before a criminal
procedure can be started is likely to result in a number of perpetrators of sexual abuse escaping justice. Another
concern is the Article which refers to rape of “minors” under 12 years of age. By referring to “minors” as those
under 12 years of age this article effectively deprives children aged between 12 and 18 years of the special
legislative protection they merit and violates Mozambique’s national and international human rights obligations.
Please write immediately in Portuguese or your own language:
Welcoming the news that Article 223 will be struck from the Penal Code, and urging the authorities to stand
by this undertaking;
Expressing concern that the draft law still contains a provision preventing criminal proceedings from being
started unless the survivor their guardian or a person living with them has lodged an official complaint, and calling
on the authorities to remove this provision;
Expressing concern about the Article which refers to rape of “minors” under 12 years of age and calling on
the authorities to ensure that the protection of this law applies to all those aged under 18, to bring it into
accordance with international and national laws.
PLEASE SEND APPEALS BEFORE 20 MAY 2014 TO:
President
Presidenta Dra. Verónica Nataniel
Macamo Dlhovo
Assembleia da República
Palácio do Quarto Congresso
Avenida 24 de Julho
Maputo
República de Moçambique
Fax: +258 21400711
+258 21225179
Email: arm@parlamento.org.mz
Salutation: Exma. Senhora
Commission president
Presidente Dr Teodoro Andrade Waty
Comissão dos Assuntos Jurídicos,
Direitos Humanos e Legalidade da
Assembleia da República
Palácio do Quarto Congresso
Avenida 24 de Julho
Maputo
República de Moçambique
Fax: +258 21400711
+258 21408846
Email: sgar@parlamento.org.mz
Salutation: Exmo. Senhor
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date. This is the first update of UA 42/14. Further information:
http://amnesty.org/en/library/info/AFR41/001/2014/en
URGENT ACTION
LEGAL PROTECTION OF RAPISTS TO BE STRUCK OUT
ADDITIONAL INFORMATION
Mozambique’s Criminal Code dates back to 1886, and some of its laws are relics of the 19
th
century. Among these relics is an
article which enables rapists to escape prosecution by marrying their victims. During the Criminal Code review process this
article was retained in the draft Criminal Code and in December 2013 Mozambique’s parliament provisionally approved it.
Further information on UA: 42/14 Index: AMR 41/002/2014 Issue Date: 25 March 2014