Republic of Mozambique
Republica de Mocambique
Joined United Nations: 15 September 1975
Human Rights as assured by their constitution
Updated 07 December 2012
note: estimates for this country explicitly take into account the effects of excess mortality due to
AIDS; this can result in lower life expectancy, higher infant mortality, higher death rates,
lower population growth rates, and changes in the distribution of population by age and sex
than would otherwise be expected; the 1997 Mozambican census reported a population of
16,099,246 (July 2012 est.)
President elected by popular vote for a five-year term (eligible for a
second term); election last held 28 October 2009
Next scheduled election: December 2014
HEAD OF GOVERNMENT
Prime Minister appointed by the President
Next scheduled election: 2014
|DECLARATION OF HUMAN RIGHTS
African 99.66% (Makhuwa, Tsonga, Lomwe, Sena, and others), Europeans 0.06%, Euro-Africans 0.2%, Indians 0.08%
Catholic 28.4%, Protestant 27.7% (Zionist Christian 15.5%, Evangelical Pentecostal 10.9%, Anglican 1.3%), Muslim 17.9%,
other 7.2%, none 18.7% (1997 census)
Republic with 10 provinces (provincias, singular - provincia), 1 city (cidade); Legal system is based on Portuguese civil law system and
Executive: President elected by popular vote for a five-year term (eligible for a second term); election last held 28 October 2009 (next to be
held in 2014); Prime Minister appointed by the President
Legislative: Unicameral Assembly of the Republic or Assembleia da Republica (250 seats; members are directly elected by
popular vote to serve five-year terms)
elections: last held 28 October 2009 (next to be held in 2014)
Judicial: Supreme Court (the court of final appeal; some of its professional judges are appointed by the president and some are
elected by the Assembly); other courts include an Administrative Court, customs courts, maritime courts, courts marshal, labor
note: although the constitution provides for a separate Constitutional Court, one has never been established; in its absence the
Supreme Court reviews constitutional cases
Emakhuwa 25.3%, Portuguese (official) 10.7%, Xichangana 10.3%, Cisena 7.5%, Elomwe 7%, Echuwabo 5.1%, other
Mozambican languages 30.1%, other 4% (1997 census)
First inhabitants were the San hunters and gatherers, ancestors of the Khoisani peoples. Between the first and fourth centuries AD,
waves of Bantu-speaking peoples migrated from the north through the Zambezi River valley and then gradually into the plateau and
coastal areas. The Bantu were farmers and ironworkers. When Vasco da Gama, exploring for Portugal, reached the coast of
Mozambique in 1498, Arab trading settlements had existed along the coast and outlying islands for several centuries, and political
control of the coast was in the hands of a string of local sultans. Most of the local people had embraced Islam. The region lay at the
southernmost end of a traditional trading world that encompassed the Red Sea, the Hadhramaut coast of Arabia and the Indian
coast, described in the 1st-century coasting guide that is called the Periplus of the Erythraean Sea. From about 1500, Portuguese
trading posts and forts became regular ports of call on the new route to the east. 'Mozambique' first described a small coral island at
the mouth of Mossuril Bay, then the fort and town on that island, São Sebastião de Moçambique, and later extended to the whole
of the Portuguese colonies on the east coast of Africa. The square fort at the northern extremity of the island was built in 1510
entirely of ballast stone brought from Portugal. With the decline of Portuguese power, especially during the period when the crown
of Portugal was combined with the crown of Spain (1580-1640), the Portuguese coastal settlements were ignored and fell into a
ruinous condition. Afterwards, investment lagged while Lisbon devoted itself to the more lucrative trade with India and the Far East
and to the colonization of Brazil. Into the 19th century, a system prevailed of dividing the land into prazos (large agricultural estates)
which the natives cultivated for the benefit of the European leaseholders, who were also tax-collector for each district and claimed
the tax either in labour or produce, a system that kept the sharecropping farmers in a state of serfdom. Direct Portuguese influence
was limited. On the coast between several native ports of call and Madagascar a large surreptitious trade in slaves was carried on
until 1877, supplying slaves for Arabia and the Ottomans. European traders and prospectors barely penetrated the interior regions,
until the Transvaal gold rush. The commercial and political importance of Mozambique was eclipsed by Lourenço Marques. In
1891 the Portuguese shifted the administration of much of the country to a large private company, under a charter granting sovereign
rights for 50 years to the Companhia de Moçambique, which, though it had its headquarters at Beira, was controlled and financed
mostly by the British. The 'Mozambique Company' issued postage stamps and established railroad lines to neighboring countries. It
supplied cheap – and often forced – African labor to the goldmines and plantations of the nearby British colonies and South Africa.
Because policies were designed to benefit white settlers and the Portuguese homeland, little attention was paid to Mozambique's
national integration, its economic infrastructure, or the skills of its population. After World War II, while many European nations
were granting independence to their colonies, Portugal's dictator António de Oliveira Salazar clung to the concept that Mozambique
and other Portuguese possessions were overseas provinces of the mother country, and emigration to the colonies soared
(Mozambique's Portuguese population was about 250,000 in 1975). The drive for Mozambican independence developed apace,
and in 1962 several anti-colonial political groups formed the Front for the Liberation of Mozambique (FRELIMO), which initiated
an armed campaign against Portuguese colonial rule in September 1964. This conflict, along with the two others already initiated in
the other Portuguese colonies of Angola and Guinea-Bissau, became part of the so-called Portuguese Colonial War. After 10 years
of sporadic warfare and Portugal's return to democracy (partially as a result of the expenses from the wars in Angola and
Mozambique), FRELIMO took control of the capital via a coup in April 1974. Within a year, almost all Portuguese colonists had
left – some expelled by the new government, some fleeing in fear –, and Mozambique became independent on June 25, 1975. In
1982, Renamo, an anti-Communist group sponsored by the Rhodesian Intelligence Service in the mid-1970s, and sponsored by the
apartheid government in South Africa as well as the United States after Zimbabwe's independence, launched a series of attacks on
transport routes, schools and health clinics, and the country descended into civil war. In 1984, Mozambique negotiated the Nkomati
Accord with P. W. Botha and the South African government, in which Mozambique was to expel the African National Congress in
exchange for South Africa stopping support of Renamo. Mozambique complied, but South Africa reneged, and continued to supply
the rebels, and the war continued. In 1986, Mozambican President Samora Machel died in an air crash in South African territory.
Although unproven, many suspect the South African government of responsibility for his death. Machel was replaced by Joaquim
Chissano as president. In 1990, with apartheid crumbling in South Africa, and support for Renamo drying up in South Africa as well
as the United States, the first direct talks between the Frelimo government and Renamo were held. In November 1990 a new
constitution was adopted. Mozambique was now a multiparty state, with periodic elections, and guaranteed democratic rights.
Mozambique held elections in 1994, which were accepted by most parties as free and fair while still contested by many nationals
and observers alike. FRELIMO won, under Joaquim Chissano, while RENAMO, led by Afonso Dhlakama, ran as the official
opposition. In 1995, Mozambique joined the Commonwealth of Nations, becoming the only member nation that was never part of
the British Empire. By mid-1995, over 1.7 million refugees who had sought asylum in neighboring countries had returned to
Mozambique, part of the largest repatriation witnessed in sub-Saharan Africa. An additional 4 million internally displaced persons
had returned to their homes. In early 2000 a cyclone caused widespread flooding in the country, killing hundreds and devastating
the country. While the people of Mozambique are generally honest, often returning excess money paid by foreigners confused by
their currency and abiding by their working hours and responsibilities, there are widespread suspicions that foreign aid resources
have been diverted by powerful leaders of FRELIMO. Carlos Cardoso, a journalist investigating these allegations, was murdered
but his death was not satisfactorily explained. The country is still largely derelict — having not yet fully recovered from Portuguese
colonialism and then disinvestment following independence, and the subsequent Communist regime and ensuing civil war. There is a
perception that foreign aid, while having been essential for relief efforts following the war and later the transition to a market-based
economy, has created a slight dependency and has discouraged local entrepreneurship. Much of the economical recovery is being
led by investors and tourists mainly from South Africa, and to a smaller extent East Asia, as well as a limited number of returning
Source: Wikipedia: History of Mozambique
At independence in 1975, Mozambique was one of the world's poorest countries. Socialist mismanagement and a brutal civil war
from 1977-92 exacerbated the situation. In 1987, the government embarked on a series of macroeconomic reforms designed to
stabilize the economy. These steps, combined with donor assistance and with political stability since the multi-party elections in
1994, have led to dramatic improvements in the country's growth rate. Fiscal reforms, including the introduction of a value-added
tax and reform of the customs service, have improved the government's revenue collection abilities. Inspite of these gains,
Mozambique remains dependent upon foreign assistance for more than half of its annual budget, and in 2008 54% of the population
remained below the poverty line. Subsistence agriculture continues to employ the vast majority of the country's work force and
smallholder agricultural productivity and productivity growth is weak. A substantial trade imbalance persists although the opening of
the Mozal aluminum smelter, the country's largest foreign investment project to date, has increased export earnings. At the end of
2007, and after years of negotiations, the government took over Portugal's majority share of the Cahora Bassa Hydroelectricity
Company (HCB), a dam that was not transferred to Mozambique at independence because of the ensuing civil war and unpaid
debts. More electrical power capacity is needed for additional investment projects in titanium extraction and processing and
garment manufacturing that could further close the import/export gap. Mozambique's once substantial foreign debt has been reduced
through forgiveness and rescheduling under the IMF's Heavily Indebted Poor Countries (HIPC) and Enhanced HIPC initiatives, and
is now at a manageable level. In July 2007 the Millennium Challenge Corporation (MCC) signed a compact with Mozambique; the
compact entered into force in September 2008 and will continue for five years. Compact projects will focus on improving sanitation,
roads, agriculture, and the business regulation environment in an effort to spur economic growth in the four northern provinces of the
country. Mozambique grew at an average annual rate of 9% in the decade up to 2007, one of Africa's strongest performances.
However, heavy reliance on aluminum, which accounts for about one-third of exports, subjects the economy to volatile international
prices. The sharp decline in aluminum prices during the global economic crisis lowered GDP growth by several percentage points.
Despite 6.8% GDP growth in 2010, the increasing cost of living prompted citizens to riot in September 2010, after fuel, water,
electricity, and bread price increases were announced. In an attempt to contain the cost of living, the government implemented
subsidies, decreased taxes and tariffs, and instituted other fiscal measures. Real growth of 7.2% was achieved in 2011.
Source: CIA World Factbook (select Mozambique)
In the aftermath of the 1998 local elections, the government resolved to make more accommodations to the opposition's procedural
concerns for the second round of multiparty national elections in 1999. Working through the National Assembly, the electoral law
was rewritten and passed by consensus in December 1998. Financed largely by international donors, a very successful voter
registration was conducted from July to September 1999, providing voter registration cards to 85% of the potential electorate
(more than 7 million voters). The second general elections were held December 3-5, 1999, with high voter turnout. International
and domestic observers agreed that the voting process was well organized and went smoothly. Both the opposition and observers
subsequently cited flaws in the tabulation process that, had they not occurred, might have changed the outcome. In the end,
however, international and domestic observers concluded that the close result of the vote reflected the will of the people.
The second local elections, involving 33 municipalities with some 2.4 million registered voters, took place in November 2003. This
was the first time that FRELIMO, RENAMO-UE, and independent parties competed without significant boycotts. The 24%
turnout was well above the 15% turnout in the first municipal elections. FRELIMO won 28 mayoral positions and the majority in 29
municipal assemblies, while RENAMO won 5 mayoral positions and the majority in 4 municipal assemblies. The voting was
conducted in an orderly fashion without violent incidents. However, the period immediately after the elections was marked by
objections about voter and candidate registration and vote tabulation, as well as calls for greater transparency.
In May 2004, the government approved a new general elections law that contained innovations based on the experience of the
2003 municipal elections.
Presidential and National Assembly elections took place on December 1-2, 2004. FRELIMO candidate Armando Guebuza won
with 64% of the popular vote. His opponent, Afonso Dhlakama of RENAMO, received 32% of the popular vote. FRELIMO won
160 seats in Parliament. A coalition of RENAMO and several small parties won the 90 remaining seats. Armando Guebuza was
inaugurated as the President of Mozambique on February 2, 2005. He won reelection on 28 October 2009. Elections are
scheduled for 2014.
Source: Wikipedia: Politics of Mozambique
Southern African transit point for South Asian hashish and heroin, and South American cocaine probably destined for the
European and South African markets; producer of cannabis (for local consumption) and methaqualone (for export to South
Africa); corruption and poor regulatory capability makes the banking system vulnerable to money laundering, but the lack of a
well-developed financial infrastructure limits the country's utility as a money-laundering center.
|HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
|2011 Human Rights Report: Mozambique
Bureau of Democracy, Human Rights, and Labor
2011 Country Reports on Human Rights Practices
May 25. 2012
Mozambique is a constitutional democracy. In 2009 voters reelected President Armando Guebuza in a contest criticized by several
national and international observers, including the EU and the Commonwealth, as lacking a “level playing field” and faulted for lacking
transparency, integrity, impartiality, and independence. Domestic and foreign observers and local civil society expressed concern over
the electoral procedures that preceded the balloting, particularly the exclusion of six of nine presidential candidates and the
disqualification of one opposition party’s parliamentary candidates from seven of 11 provinces. There were instances in which elements
of the security forces acted independently of civilian control.
Incidents of serious human rights abuse occurred during the year; the three most important were unlawful killings by security forces,
harsh and life-threatening prison conditions including beating of prisoners, and domestic violence.
Other human rights problems included lengthy pretrial detention; an inefficient, understaffed, and inadequately trained judiciary
influenced by the ruling party; and political and judicial decisions involving independent media outlets that constrained press freedom.
Societal problems including domestic violence; discrimination against women; abuse, exploitation, and forced labor of children;
trafficking in women and children; and discrimination against persons with HIV/AIDS remained widespread.
The government took some steps to punish and prosecute officials who committed abuses, but impunity remained a problem
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21 April 2011
Human Rights Council
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to
Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul
Missions to Mozambique*
At the invitation of the Government, the Special Rapporteur visited Mozambique from 26 August to 3 September and 6 to 10 December
2010. The mission included visits to the capital Maputo, the cities of Beira and Nampula, and the district of Meconta.
The report examines factors impacting the independence of the judiciary and the conditions for ensuring the free and independent
exercise of the legal profession in Mozambique, such as the participation of the judiciary in deciding on its budget; court fees; salaries;
and the assignment of cases. It includes a brief analysis of the legal and policy framework regulating the judiciary and focuses on the
barriers to the access to justice.
The report analyses the classification and promotion of judges; the tenure and removability of magistrates; the correctional service and
fair trial guarantees; and gender and the judicial sector. It presents a number of encouraging initiatives implemented by the Government
of Mozambique and civil society organizations with the support of the United Nations and the donor community. It concludes with
recommendations for strengthening the judicial system and ensuring the independence of the judiciary; the independence and integrity of
magistrates and judges; the impartiality of prosecutors and the free exercise of the legal profession.
115. The Special Rapporteur recognizes the efforts carried out by Mozambique to develop judicial institutions that are independent and
impartial. The challenge now at hand is the establishment of a fully independent judiciary, composed of independent magistrates and
judges, assisted by impartial prosecutors and lawyers who may develop and exercise their profession in a totally independent and
professional manner. Regarding the judiciary, the colonial heritage should be left behind as a modern and efficient judiciary becomes one
of the components of a modern, democratic State governed by the rule of law.
116. The constitutional, legal and policy framework regulating the judiciary in Mozambique gives a prominent place to its independence
and recognizes the principles of the separation of powers and supremacy of the rule of law. The independence and strengthening of the
judiciary have been incorporated as objectives within the pillar on good governance in key documents for the country, such as Agenda
2025; the Five-Year Government Plan; the Plan for the Reduction of Extreme Poverty and the Economic and Social Plan.
117. Despite the encouraging constitutional, legal and policy framework, several obstacles remain to the institutional independence and
impartiality of the judiciary.
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Freedom In The World 2012 Report
Political Rights Score: 4
Civil Liberties Score: 3
Status: Partly Free
Mozambique's economy continued to grow at an impressive rate in 2011, though the country still suffered from double-digit inflation and
high unemployment. In May, the government introduced a new plan aimed at making significant reductions in poverty by 2014.
Economic growth in Mozambique remains among the highest in sub-Saharan Africa; the economy grew by 6.5 percent in 2010 and
accelerated to 7.2 percent in 2011. Rising commodity prices, as well as well as an increase in public investment and the commencement
of new projects in the mining and energy sectors, are expected to bring Mozambique back to the average 8 percent annual growth rate it
enjoyed before the global economic downturn of 2009.
Nevertheless, most of the population lives in severe poverty. Mozambique was rated 184 out of 187 countries on the UN Development
Programme's 2011 Human Development Index. Inflation reached 13 percent in April 2011, and rising international food and fuel prices,
combined with high levels of unemployment, have threatened social stability. In May, the government launched a new Poverty Reduction
Strategy to cut poverty from its 2009 level of 55 percent to 42 percent in 2014. This strategy promotes poverty alleviation through
equitable economic growth. To encourage such growth, the strategy calls for the government to increase agricultural and fishing
productivity, promote job creation, support human and social development, and encourage good governance and solid budget,
macroeconomic, and fiscal management.
Following the discovery of large quantities of natural gas by U.S.-based Anadarko and Italy's ENI, Mozambique in November 2011 held
a tender for the acquisition of seismic, gravity, and magnetic data of Mozambique's onshore and offshore basins. A new licensing round
for offshore blocks in the Rovuma basin is planned for late 2012. Analysts believe the country has the potential to become a large natural
gas exporter, as it is particularly well-suited to supply gas to Asian countries due to its location and large port.
Mozambique has long enjoyed close relations with donors, whose support has accounted for roughly half of its budget in recent years.
However, in an effort to communicate disapproval of FRELIMO's problematic handling of the 2009 elections and its increasing
dominance over the state and economy, Western donors withheld aid in 2010 until late March of that year, when the government agreed
to reform the electoral system and introduce new legislation to address rampant corruption. Mozambique has been able to secure the
support of other donors, including the African Development Bank, which announced in October 2011 that it would disburse $90 million
to support Mozambique's budget between 2011 and 2013.
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Mozambique: Locking up my rights - case sheet
22 November 2012
José Capitine Cossa (also known as Zeca Capetinho Cossa)
Imprisoned for 12 years without being convicted of, nor seemingly ever charged with, a crime On 16 February 2012, delegates met José
Capitine Cossa in the Machava Maximum Security Prison (BO).
He had been in the prison ever since he was arrested while selling sculptures on the side of the road in Maputo city. He had not been
convicted of any crime, nor had any kind of court hearing. In fact, it did not appear that he had even been charged with any offence.
José Capitine Cossa said that despite never having been convicted, he had been detained in the Maximum Security Prison for over 12
years. He did not remember the exact date of his arrest and detention, but other detainees who had been held since 2001 and 2003 told
the delegation that he was there when they arrived and that he had not left since. He had no lawyer and had not been informed of the
reason for his continued detention without trial or when he would be brought to court to defend himself.
José Capitine Cossa remained in detention until his release on 4 September 2012 following separate, written interventions from the
Human Rights League and Amnesty International on 9 March and 9 August 2012 respectively.
In a response to a memorandum sent by Amnesty International, the Attorney General stated that José Capitine Cossa’s release had been
ordered as, “there were signs that his detention had been irregular.” He stated that an investigation was being carried out into the situation
but it does not appear that José Capitine Cossa received any compensation for the 12 years of imprisonment without charge or trial.
Ana Silvia (name changed to protect her identity)
Accused and convicted of murdering her mother at the age of just 15 years. There were obvious signs that a murder had taken place,
much less that Ana Silvia was involved; no autopsy was carried out. Police threatened to beat her to extract a ‘confession’.
On 11 November 2010, following the funeral of her mother, police went to the house of 15-yearold Ana Silvia and told her to report on
16 November to the 2nd Police Station in Moamba district, Maputo Province.
Accompanied by her father on the day, she was questioned by police officers in the presence of the Chefe de Quarteirão (a person with
responsibility over a block of houses). She was accused of having murdered her mother who was found dead at home on 9 November
2010 even though there were no obvious signs of a suspicious death, no sign of Ana Silvia’s involvement, and no autopsy having been
carried out. Apparently the accusation against Ana Silvia was based on information provided by the Chefe de Quarteirão who stated that
Ana Silvia had argued with her mother some days prior to her death.
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Human Rights Watch Recommendations for Mozambique’s Resettlement Decree
September 17, 2012
On August 8, Mozambique’s Council of Ministers announced that it had adopted the Regulation for Resettlement Resulting from
Economic Activities [Regulamento sobre o Processo de Reassentamento Resultante de Actividades Económicas].
This decree aims to fill an important gap by providing safeguards for people displaced and resettled by economic activities and
development projects. Such safeguards are particularly crucial in the context of Mozambique’s natural resource boom and the rapid
expansion of large investments in mining, forestry, agribusiness, and other activities that may result in the displacement of the current
While the decree includes important protections, many significant gaps remain. Key stakeholders were not given an adequate opportunity
to participate in its drafting. The government carried out a limited process of consultation that failed to include important stakeholders
such as civil society organizations, local communities, donors, the private sector, and multilateral institutions. The decree provides
detailed requirements on some elements such as housing, but overlooks vital protections related to land and livelihoods, access to health
care, grievance mechanisms, and meaningful consultation and participation of affected communities.
Human Rights Watch has prepared this analysis of the decree to identify where it falls short of protections required by Mozambican and
international human rights standards. The analysis below is not exhaustive, but highlights some key areas of concern. Human Rights
Watch believes that these gaps should be addressed if the decree is to live up to its important purpose: ensuring that the rights and
livelihoods of resettled communities are respected and protected.
In May 2012, Human Rights Watch carried out field research in Tete province, Mozambique to examine the resettlements carried out in
Moatize district due to coal mining operations owned by Vale and Rio Tinto. Based on these findings and an analysis of national and
international human rights protections, we seek to identify practical recommendations that will be of broader relevance to potential
resettlements resulting from the many development projects likely to be initiated in Mozambique in the coming years.
We urge the Mozambican government to revise the current resettlement decree and to incorporate broad consultation into the process.
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Guebuza said: "Workers should follow the development"
Maputo, 06 Dec. 2012 (AIM)
The President of the Republic, Armando Guebuza, said it was essential that the Mozambican workers are always the time to follow all
developments in the labor market and their future requirements.
The Head of State was speaking today in the southern province of Maputo, at the opening session of the 6th Congress of the Workers
Organization of Mozambique (OTM), which, among various topics of interest of the party members will choose new executives.
At the meeting, which ends Saturday, Guebuza stressed the importance of encouraging vocational training, self-improvement and
constant mobilization of workers in order not to be content with their current levels of training.
The OTM-CS must enhance its capacity and proactive in dealing with these new challenges and prepare its members for this new reality,
"said the president, who urged workers to join the training, thus facing different challenges.
The Guebuza said the government has maintained constant dialogue with unions and employers through advisory work, as a way to
gather input on issues of impact on the lives of workers and employers.
Guebuza, who historiou on the route of the association, said the OTM-CS is an organization politically and socially mature tested, born at
the dawn of independence and fervor of the country after a successful participation in the transition process started in 1974 .
Meanwhile, the president of OTM-CS, Carlos Mucareia revealed that the college has seen a development, which explains the current
increase of trade unionists to about 130 000, 15 affiliated unions nationwide, 1,400 structures points unionists in nationwide.
Still on the development recorded by OTM-CS, Mucareia said the organization currently has 19 unions of regional, national and
continental, with whom he has friendly relations and cooperation.
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QUALITY OF JUSTICE IN CONGRESS QUESTIONED
Written by LDH
Tuesday, 09 October 2012 09:07
Centered on two factors recognized as a provision of justice stranglers of excellence and results - lack of speed and poor quality of
procedural justice - held from 13 to 14 September this year in Maputo, the First Congress for Justice, under the orientation of the Bar
Association of Mozambique.
In the meeting participated politicians including the President, acting as magistrate number one in the nation, lawyers, academics,
entrepreneurs, activists of civil society organizations (NGOs) working in the area linked to human rights, including the Mozambican
League Human Rights (LDH), judges and prosecutors, law students, journalists and others.
Addressing the opening session, the Chairman of the Bar Association of Mozambique (OAM), Gilberto Correia, stressed that ware 37
years of independence we still have a face justice, difficult and extremely time consuming.
Correia recalled that most of the Mozambican people still do not submit their disputes or disputes to the judiciary, but even so, this
already shows signs of fatigue, congestion and difficulty responding timely to the current demand of demand for their services.
To the Chairman of the Bar Association of Mozambique "the nation demands a judicial branch closest to the citizen and citizenship, more
friendly to those who need it and with results demonstrating the ability to respond fully and promptly to their expectations, desires and
According to Correa, the citizen is not a judicial review overly ritualistic, ceremonial formalities stuffed and accommodating, whose end
result almost always ends up being the delivery of the provision of justice delayed and highly debatable quality.
DISTANCE BETWEEN CITIZENS AND THE LAW
There, in the opinion of the leader of the Order, a large gap between the judiciary and the citizen. According to him, "considering that the
organs of administration of justice must administer justice in the name of the people, then it makes no sense to conserve elitist religious
ritualism that characterizes our sessions court or the parade of vanity that some members of judiciary protagonists in their everyday
actions, much less the distance that this power has cultivated over the citizen, who should serve. "
There is, therefore, to find solutions to bring the judiciary citizen; made an approach from a unquestionable vocation of public service of
demystifying and simplifying its formalities and rituals and also the timely execution of their functional, defends the president of the
To redress the problems that plague the Mozambican Justice, Correia recommends reform of the judiciary as an urgent imperative,
therefore, for him, the judiciary is not and should not be an end in itself, it is known that our system of administration of justice is
plunged into a crisis of resources and results in speed and quality, predictability and credibility.
CORRUPTION IN THE JUDICIARY
On the second day of the Congress, it fell to President of the Human Rights League, Alice Mabota, presenting the theme "The impact of
corruption of the judiciary in the lives of citizens - solutions for combating corruption in the sector."
To Mabota, there is lack of political will to fight corruption in the judiciary to maintain impunity and patronage of some political figures
linked to the nomenclature.
She said the law creating the Central Office for the Fight against Corruption (GCCC) is devoid of powers of prosecution, which is why
this case is a mere administrative unit subordinate magistrates assigned to sections of the criminal courts and no human, material and
financial resources to meet the demands and responsibilities that are inherent.
There, in the opinion of the League President, the total absence of a special procedure for corruption issues, giving as an example that
this office never investigates enrichment abrupt and doubtful of some figures related or close to power.
The conclusion is that the Mabota anti-corruption legislation in force is desfazada the Mozambican reality, beyond the prevailing political
patronage in the appointment of members of the organs and the impunity of corrupt magistrates.
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Human Rights Commission in Mozambique Presented Publicly
28 September 2012
For the first time in country´s history, Mozambique has a National Human Rights Commission (CNDH), an independent body that
stemmed from the adoption of Law 33/2009 in 2009 with the mandate to promote and defend human rights.
The CNDH consists of 11 members – three elected by the National Assembly, four chosen by the civil society, three appointed by the
Prime Minister, and one selected by the Mozambique Bar Association.
The Commissioners were sworn in early September by Mozambique President, Armando Guebuza who speaking at the ceremony,
reminded the its members that they have a major role to play in upholding respect for the Constitution and for the fundamental rights of
citizens. “We should be fully aware that this fight can only be waged effectively, when each of us contributes, and we unite our efforts”
said the President.
Following the ceremony the, 11 members of the National Human Rights Commission, were presented publicly in a press conference
attended among others by the Minister of Justice Benvinda Levy and the United Nations Resident Coordinator in Mozambique, Jennifer
The Commission's Chair, Dr. Custódio Duma, said at the event that the CNDH had been set up to defend the interests of the public, to
guarantee legal protection of citizens, and to promote human rights.
“The Commission consists of people from various areas of knowledge, from the law and justice, to education, to health and culture”,
said Duma. “It includes women, though few in number, there are members from the provinces, and there is even religious
representation. This diversity, allied to the experience of each of these people will be an added value and will help the Commission
comply with its mission”.
Congratulating Dr Duma and his colleagues, the Justice Minister Benvinda Levy stressed the importance of the independence of the
CNDH and encouraged the Commission in investing time and resources to educate people about their rights.
On her turn, the UN Resident Coordinator in Mozambique, Jennifer Topping stressed that, Human Rights have been a core concern of
the United Nations since its inception and the National Human Rights Institutions are among the most effective vehicles, to promote and
“The effectiveness of the Commission will be proportional to the success that you will have in building solid foundations and firm trust
among Citizens and Institutions, preserving your independence, raising widespread awareness of your mandate and being able to reach
out to the most disadvantaged groups throughout the territory of Mozambique” - Said Ms Topping speaking to the Commissioners.
UNDP, supported by the UN Office of the High Commission for Human Rights (OHCHR), was instrumental to the establishment of the
Commission by providing technical and financial support during the phase in which the legal framework was finalized and while the
selection of the Commissioners took place. A four year project to support the Commission in becoming operational has started this year
and will provide various forms of technical assistance, training and exposure to international comparative experiences.
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Armando Emilio Guebuza
President since 02 February 2005
Alberto Clementino Vaquina
Prime Minister since 08 October 2012