The 1999 Constitution of Mozambique upholds the principle of equality between men and women in every aspect of the country’s economic, social, political and cultural life. The state endeavours to promote the emancipation of women and improve their situation. Customary (traditional) laws are still discriminatory, however, particularly in regard to family relations and inheritance which adversely affects women within the home and the workplace. The government has established a legal reform commission to review discriminatory legislation.
Overall, the Mozambican Family Code offers little protection to women. A Family Law was adopted in 2004, which set the minimum legal age for marriage at 18 years for both men and women. Exceptionally, marriage can be authorised from the age of 16 years, with consent of the parents or legal representatives. The incidence of early marriage is extremely high in Mozambique: a 2004 United Nations report estimated that 47 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is prohibited by Mozambican law, but the Family Code contains no penal measures to prevent it. Polygamous unions are a common customary practice and are socially acceptable, especially in rural areas. Nearly one-third of married women aged between 15 and 49 years are thought to be in polygamous marriages. In such unions, only the first wife is entitled to the legal protection provided to a spouse.
Previous family legislation recognised the husband as the sole head of the household and relegated the wife to being responsible for domestic chores. The 2004 Family Law authorises women to represent their families in legal matters. In practice, parental authority in Mozambique is contingent on how the family traces its descent. According to patrilineal customs, children “belong” to the father and his family; in a matrilineal system, they “belong” to the mother and her family.
In regard to inheritance, widows married under the “community of property” regime have the right to inherit half of the property acquired during marriage. In reality, women rarely exercise this right due to a serious lack of information.
Women’s physical integrity is not sufficiently protected in Mozambique and violence against women is a serious problem. The government is currently drafting a law against all forms of domestic violence. Women are frequently victims of physical abuse, including rape. Social pressures exacerbate the problem by making it difficult for women to press charges. In most communities, women consider it normal for men to beat their wives. Women also suffered considerable violence during the Mozambican Civil War, which lasted until 1994.
Rape is legally punishable in Mozambique: penal sanctions include prison sentences of 2 to 8 years for the rape of a person over 12 years old. If the victim is under 12 years of age, the penalties are more severe – typically between 8 and 12 years. The law does not recognise spousal rape.
Female genital mutilation is not a common practice in Mozambique, and there is no evidence to suggest it is a country of concern in relation to missing women.
The ownership rights of Mozambican women are restricted on a number of levels. Married women face two major forms of discrimination: they cannot sign contracts without their husbands’ consent and husbands are considered to be the sole administrators of any joint property acquired during marriage.
Women’s access to land in Mozambique is governed by two different systems. The traditional system comprises a long list of customary laws, which effectively limit women to the right to “use” land and specify that this right is acquired only through marriage. The state system reflects the 1991 Constitution and the 1997 Land Law, which stipulates that land belongs to the state but grants men and women equal rights to use it. In practice, women are excluded because a couple’s assets belong to the husband.
By law, women who are single, divorced and widowed have the same rights as men in relation to access to property other than land. If married under the community of property regime, women must obtain the consent of their husbands when acquiring or when managing such assets – and, in theory, husbands must reciprocate. In practice, this consent is requested only when women are attempting to acquire a property; in many cases, it is requested even of women who did not marry under the community of property regime.
Mozambican women frequently encounter problems gaining access to bank loans, partly because of a lack of information and partly because they are unable to meet the conditions enforced by financial institutions. A job promotion programme run by the Mozambican Ministry of Employment granted 40 per cent of its loans to women.
The civil liberties of women in Mozambique are not well respected. Their freedom of movement is severely restricted in several ways. Married women are prohibited from travelling alone with their children unless they have prior consent from their husbands. In addition, they must agree to live in their husbands’ place of residence. There are no reported restrictions on Mozambican women’s freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Mozambique, Combined Initial and Second Periodic Reports of States Parties, CEDAW/C/MOZ/1-2, CEDAW, New York, NY.
CEDAW (2007a), Réponse à la liste de questions suscitées par le rapport périodique unique: Mozambique, CEDAW/C/MOZ/Q/2/Add.1, CEDAW, New York, NY.
CEDAW (2007b), Observations finales du Comité pour l’élimination de la discrimination à l’égard des femmes: Mozambique, CEDAW/C/MOZ/CO/2, CEDAW, New York, NY.
CEDAW (2007c), Summary Record of the 783rd Meeting, CEDAW/C/SR.783, CEDAW, New York, NY.
CEDAW (2007d), Summary Record of the 784th Meeting, CEDAW/C/SR.784, CEDAW, New York, NY.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Mozambique, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
Struensee, V. von (2005), “The Contribution of Polygamy to Women’s Oppression and Impoverishment: An Argument for its Prohibition”, Murdoch University Electronic Journal of Law, Murdoch, www.austlii.edu.au/au/journals/MurUEJL/2005/2.html#fn100.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), World Population Prospects, Population Database, UN Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Mozambique, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
