Mozambique: Further information: Concerns remain in draft Criminal Code
The latest draft of the Mozambique Criminal Code was approved by the National Assembly (parliament) on 11 July. The Code is now with the President, who has to sign and promulgate it into law, however concerns still remain about certain provisions.
Further information on UA: 42/14 Index: AFR 41/004/2014 Mozambique Date: 21 August 2014
URGENT ACTION
CONCERNS REMAIN IN DRAFT CRIMINAL CODE
The latest draft of the Mozambique Criminal Code was approved by the National
Assembly (parliament) on 11 July. The Code is now with the President, who has to sign
and promulgate it into law, however concerns still remain about certain provisions.
As of 21 August the President of the Republic of Mozambique has not yet signed the Criminal Code into law. Many
civil society organizations in Mozambique are lobbying the President in an attempt to change some of its
provisions.
It is a positive step that the version of the Code passed by the National Assembly did not include Article 223, which
provided for the suspension of criminal charges for those who married the person they were accused of raping.
This means that in the version of the Code presented to the President, rapists are no longer able to escape
prosecution by marrying their victim. Another article of the Code has been improved slightly in that it makes sexual
offences against those under 16 years of age a public crime. However, it is still concerning that minors between the
ages of 16 and 18 are not afforded this special protection, and the Code still requires an official complaint be made
by victims who are over the age of 16 before a criminal proceeding can be instituted for sexual offences.
The National Assembly has also not taken on board other suggested alterations to the Code. The latest version still
refers to rape of “minors” - with “minors” being those 12 years of age and under. This effectively deprives children
aged between 12 and 18 years, who have been subject to coercion, of the special legislative protection they merit
under Mozambique’s national and international human rights obligations.
Please write immediately in Portuguese or your own language:
Welcoming the news that the latest version of the draft Code has made sexual offences against those
under 16 years of age a public crime, but expressing concern that minors between the ages of 16 and 18 are not
afforded this special protection;
Expressing concern that the Code still requires that adult victims or other relevant people lodge an official
complaint before criminal proceedings can be initiated and call on the authorities to remove this provision;
Expressing concern that the Code still does not effectively address coercive, non-consensual, practices
against minors between the ages of 12 and 18 years and call on the authorities to ensure that protection should
apply to all those aged under 18, in accordance with international and national laws.
PLEASE SEND APPEALS BEFORE 2 OCTOBER 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
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 second update of UA 42/14. Further information:
www.amnesty.org/en/library/info/AFR41/003/2014/en
URGENT ACTION
CONCERNS REMAIN IN DRAFT CRIMINAL CODE
ADDITIONAL INFORMATION
Mozambique’s Criminal Code dates back to 1886 however the revision of the Code has been in discussion since 2010. In
December 2012 the National Assembly approved the draft Criminal Code. This Code contained a number of problematic articles
which were relics of the 19th century. Among these relics was an article which enabled 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.
On 20 March 2014 as a consequence of national lobbying and international pressure, the parliamentary Legal, Human Rights
and Constitutional Affairs Commission announced that the 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. On 30 April the
parliamentary commission met to discuss a new version of the draft Penal Code and Article 223 has been removed from the
draft.
Civil society in Mozambique continue to campaign for changes to the Code.
Further information on UA: 42/14 Index: AFR 41/004/2014 Issue Date: 21 August 2014