RESPECT! Although Mozambique has ratified the main
international and regional women’s rights protection instruments, their
provisions are often violated in law and practice. The Coalition of the
Campaign is particularly concerned by the following continued violations of
women’s rights in Mozambique: the persistence of discriminatory laws; violence
against women; limited access to property, education and healthcare; and
obstacles to access to justice.
SOME POSITIVE DEVELOPMENTS…
The Coalition of the Campaign acknowledges the recent adoption of several
laws and policies aimed at improving respect for women’s rights,
including:
- The adoption of the new Family Code in December 2004 which provides for
gender equality in all matters of family law (consent to marriage, divorce
procedures, custody of children, sharing of household assets, etc.) and
prohibits all practices that discriminate against women concerning polygamy,
inheritance, minimum legal age for marriage, treatment of widows
etc.
- Improvements in women’s political representation. During the December 2004
elections, 87 women were elected to the National Assembly, of a total of 250
members (34.8%). The Prime Minister, 24 ministers, 2 deputy ministers and 2
province governors are women.
- The adoption on 21 July 2009 of a law on domestic violence.
- The ratification of the Optional Protocol to CEDAW in 2008.
BUT DISCRIMINATION AND VIOLENCE PERSIST
In Law
Although Mozambique has adopted several laws to protect women from
discrimina- tion and violence, several discriminatory laws and regulations
persist:
Several provisions of the Criminal Code, which dates back to the 19th
century, are still awaiting reform.
Amendments to the law on domestic violence (arts. 35 and 36) which stipulate
that the law must be applied taking into consideration the need to “protect the
family”. Furthermore, the law on domestic violence does not sanction marital
rape.
Abortion is only allowed under limited circumstances according to a
Ministerial Decree of 1978 (only three hospitals are permitted to perform
abortions). The criminalization of abortion in the vast majority of situations
causes the deaths of thousands of girls each year. The Minister of Health
submitted a law to parliament in 2009, but it remains pending.
The inheritance law, awaiting review, contradicts the new Family Code
concerning women’s property rights.
The new Family Code of 2004 has been amended to delete provisions regarding
the recognition of common law marriage. Yet, in Mozambique, 54% of “unmarried”
couples are in de facto marriages.
In Practice
The weight of traditions, which continue to be protected in order to
safeguard the “Mozambican identity”, together with the patriarchal vision of
society, keep Mozambican women in a position of inferiority and impede the
effective application of laws protecting their rights. Furthermore, it is not
unusual for representatives of religious communities and traditional leaders to
accuse women’s associations of advocating “immorality” and “wanting to destroy
the family”.
Discrimination in the family
Although forbidden by law (article 30 of the Family Code sets the minimum
age for marriage at 18 years, for both girls and boys), early marriage is
common, especially in the rural areas (in 2004, it was estimated that 21% of
girls were married by the time they were 15). This is one of the main reasons
for the low school enrolment rate for girls and the very high rate of early
pregnancy (it is estimated that 24% of women between ages 15 and 19 already
have 2 children). The government has taken measures to raise awareness of the
general population on these problems, but there are no specific penalties for
forced marriage.
Furthermore, although article 16(2) of the Family Code requires marriages to
be monogamous, polygamy remains common, especially in rural areas. Regarding
inheritance, customs are especially discriminatory. Widows are often expelled
from their family home and receive no inheritance from their
husbands.
Violence
Although the adoption of the law on domestic violence in 2009 represents
signifi- cant progress, its impact on the Mozambican society has been limited.
A “domestic violence” unit has been created within the Ministry of the Interior
but its means are too meagre to allow for effective action.
Domestic violence enjoys considerable social legitimacy stemming from a
widespread view that the man, as the head of family, has the prerogative to use
force to solve marital disputes conflicts. WLSA Mozambique Rape accounts for
half the reported cases of violence against women. Sexual abuse at school,
including harassment of girl students by their teachers or by fellow stu-
dents, has increased alarmingly. According to the Mozambican law, incest is
rape with aggravating circumstances, but there is no specific government policy
to control this type of violence. There is no sanction for marital
rape.
Obstacles to access to property
Although the Land Law adopted in 1997 and the Family Code 2004, explicitly
provide for equal property rights, in practice the application of these
provisions is problem- atic. Yet women account for more than half of those
working the land. In this area, resistance to the law is especially strong due
to the weight of traditions.
Obstacles to access to education
Many schools and health care facilities were destroyed during the civil war
and by the natural disasters that struck the country in 2000, 2001 and 2007.
Lack of schools is one of the reasons for the massive female illiteracy and the
low female enrolment rate although, theoretically, primary school education (7
years) is compulsory. The annual national budget allocates 20% to education but
only some 40% of children go to school. Notwithstanding the state’s
awareness-raising campaign (radio and TV flashes, input from national
celebrities and religious leaders) and the creation of boarding houses for
girls who live too far away from school, most families still only consider
sending their sons to school. Early marriage is also a major cause for girls to
drop out of school.
Obstacles to access to health
Besides the common health problems facing the whole population – 52% of the
coun- try benefits from health coverage – women also have to confront problems
linked to maternal, sexual and reproductive health. Furthermore, AIDS affects
more women than men. Although the government has introduced free prenatal care,
the maternal death rate is still a high (480 per 100,000 births), although only
half of what it was ten years ago.
Obstacles to access to justice
Women’s access to justice is impeded due to a lack information on their
rights and the laws that protect them, the cost of proceedings and the lack of
training of police and legal personnel. The creation of community tribunals to
make up for the shortage of judges and lighten the burden of the official state
courts has not improved the situation. The community tribunals are composed of
only 10% women and are apply traditional law, which is particularly
discriminatory against women.
THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF MOZAMBIQUE
TO:
- Reform all discriminatory legislation in conformity with CEDAW and
the Maputo Protocol, particularly the discriminatory provisions of the
Criminal Code, the Family Code, the law on domestic violence and inheritance
law.
- Strengthen laws and policies to protect women from violence and
support victims, including by: adopting all necessary measures to
ensure the effective implementation of the law on violence against women,
including domestic violence, and adopting measures to sanction marital rape;
allocating additional financial resources to the fight against domestic
violence; adopting measures, including severe sanctions, to eliminate sexual
abuse of young girls in school.
- Eliminate obstacles to the education of girls and women,
in particular by: ensuring equal access to all levels of education; adopting
measures to retain girls within the education system, including pregnant
pupils; and launching awareness raising programmes to overcome stereotypes and
traditional attitudes.
- Take measures to guarantee women’s access to adequate health
care, including obstetrical care and family planning; ensure access to
contraception.
- Take all necessary measures to ensure women’s access to
justice, in particular by addressing the shortage of judges,
facilitating women’s access to these positions and ensuring training of police
and legal personnel.
- Adopt all necessary measures to reform or eliminate discriminatory
cultural practices and stereotypes, including awareness-raising
programmes targeting men and women, governmental, traditional and community
leaders.
- Ensure the implementation of all recommendations issued by the
CEDAW committee in June 2007.
PRINCIPAL SOURCES
- Focal Point: WLSA-Mozambique
- Liga Moçambicana dos direitos humanos (LMDH), www.lmdh.org.mz
- FIDH and LMDH, Women’s rights in Mozambique, May 2007,
www.fidh.org
- CEDAW Committee Recommendations, June 2007
- Inter-Parliamentary Union, www.ipu.org
THE CAMPAIGN FOCAL POINT IN MOZAMBIQUE
WLSA-Mozambique
WLSA-Mozambique is a member of the regional network Women and Law in Southern Africa (WLSA). The organisation seeks to promote gender equality through the identification of favourable initiatives and obstacles to legislative and political changes. www.wlsa.org.mz
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