African Commission on
Human & Peoples' Rights
Commission Africaine des Droits
de l'Homme et - des Peupies
Kairaba Avenue
P.O. Box 673
BANJUL,
The Gambia
Tel: (220) 392962
Fax: (220) 390764
Telex: 2346 OAU BJL GV
ACHPR/PR/MOZA/XVI
16TH ORDINARY SESSION
25TH OCTOBER —3RD NOVEMBER, 1994
BANJUL, THE GAMBIA
PERIODIC REPORT OF MOZAMBIQUE
THE REPUBLIC OF MOzAMBIOUE
MINTSTRY OF JUSTICE
REPORT ON THE IMPLEMENTATION OF THE AFRICAN
CHARTER OF HUMAN AND PEOPLES' RIGHTS
CHAPTER I
Introduction
Pursuant to the obligation emanating from the provisions
of Article 62 of the African Charter on Human and Peoples' Rights,
the Republic of Mozambique wishes to hereby submit the Report on
the Administrative and Legislative measures as provided for in its
national judicial system. The provisions of the said Charter
already cover areas related to defence, promotion and guarantee for
human rights.
The Republic of Mozambique has, for more than a decade,
been fighting a cruel war imposed on her by those who are against
the principles of self-determination, social welfare and well
being, peoples' rights and non-peace loving people.
The violence and the extent of war in which Mozambique
has been involved is preventing her from enjoying the
infrastructures and national conditions of existence required for
their subsistence placing them in an almost absolute state of
scarcity, violation of the peoples rights to development, and
implicitly, of continuous violation of individual civil and
political rights, especially in the areas most affected by the
bloody war whose nature has been traumatic.
However, effort have been made by the Mozambican
government with the view to minimize the absolute needs of the
assaulted populations which as a result of such situations has
sought refuge and security both in the neighbouring countries and
in the country's capital cities where, over populated and lacking
the minimum correspondence populations growth in terms of shelter,
food and zervices, creIte a social unbalance and instability.
Actions taken by the Mozambican government without
loosing sight of the unfavourable international economic situation
focus in the implementation of projects for the rehabilitations of
the social structure and of rural development, the latter being
hampered by the conditions of impediments created by the war.
Out of this shady framework, an appeal has been made to
the regional and international community for providing humanitarian
assistance to the population and simultaneously seeking for
solutions for national reconciliation, by putting an end to the
war, also constitute adopted measures by the government in order
to, besides the above mentioned facts, it can fulfil its
obligations with the ratification of the African Charter for Human
and Peoples' Rights.
CHAPTER II
HUMAN RIGHTS INT HE LIGHT OF 1990 CONSTITUTION
The Constitution of the Republic of Mozambique, adopted
in 1990, establishes in Article 6 (d) as an objective to be
attained in the Mozambicans State "the defence and promotions of
human rights, as well as the equality of all citizens before the
law."
The clear provision of such a fundamental principle makes
the Constitution of Mozambique one of the few which makes
references to human rights promotion.
The intention of the State in relation to "rights,
obligations and fundamental freedom stated in Chapter II" where
it clearly stated the fundamental principles for equality of
citizens, men and women before the law in all aspects of political,
economic, social and cultural life; living and physical integrity,
thus preventing the application of act or inhuman and cruel
treatment against detainees; the rights to privacy, freedom of
expression and of press, as well as the rights to information,
association and participation in political life, through the
creation of political parties; the right of access to tribunals
existing in the countr-f, and to establish residence in any part of
the national territory and of free movement, except the condition
imposed by judicial decisions, all these constitute the fundamental
principle for the building of the rule of law in Mozambique.
On the other hand, the Constitution in its Chapter IV
provides for guarantee.; of the fundamental rights and liberties, in
this area the Constitution entrusts the State with the
responsibility of ens fi ring the exercise of civil, political and
economic rights by the people, making it compulsory for the courts
- 4 -
to observe the fundamental principles of law as an assumption of
innocence of any cLtizen detained, pending a judicial or
administrative ruling; the prohibition of deprivation of liberty
to any without retro-activity in the penal law when, against the
accused; the prohibition of condemnation of an individual for
inexistent crime at the time of the occurrence, any given
unqualified act as crime and the condition of extradition only by
judicial decision. The Constitution further stipulates that the
guarantee of the fundamental rights and liberties can only be
restricted or suspended in the event of a declaration of a state of
war, state of siege or emergency, adding the limit of the duration
of the siege or emergency whose prorogations must be effected under
the provision laid out in the law.
CHAPTER III
Preparato_ry and Regular Legal Provisions
on Human Rights Promotion
The accommodation of the fundamental principles in the
execution of human rights, defence and promotion ordained in the
constitution of the Republic of Mozambique was by ordinary
legislation containing a consolidation of sovereign organs such as
courts through the exclension of a judicial network in the areas
and the
where the population concentration is stressed
institutionalization of such an organ and the inspector of the
legality - the Attorney General of the Republic, by law 6/89 of 19
September, as well as the re-enforcement of the exercise of right
of defence by the citizen through the appropriate institution
acting in defence of the accused and in judicial assistance to
citizen, already all taese are of the position of creating bars to
give greater expression to the exercise of the right to defence.
The community courts established under law 4/92 have the
objective of contribtrAng to social harmony and cultural intercourse among citizens through measures enforce by those courts
which converged in tie reconciliation between the parties in
dispute.
The new orgzsnic law of the judicial courts existing by
promulgations of law 10/92, repealing the former law of 1978,
confers a new frameWork and content in accordance with
institutional and social reforms in favor of consolidation of the
democracy in the country.
5
The recent ?romulgation of the law establishing the
labour courts, revoked the former legislation relating to the
competent organs in the appreciation of labour matters, has created
a labour jurisdiction sovereign organ which is adequate and reenforces the mechanism which guarantee the labour legality, thus
standing as judicial ooligation mainly for the workers.
The principle which has always governed the conduct of
Mozambican State, that of the participation of the citizens in a
political life was adequate for the realization of democracy in its
new face through the institutionalization of political pluralism,
materialized by the promulgation of the law 7/91 of 23 January,
therein been entailed basic rules for the formation of political
parties and compliance with the principle of legality and
procedures under which a party can be registered.
Another constitutional principle with regard to rights to
free association thus translating the basic guarantee for personal
realization of individuals in social life in favor of democratic
participation in a civil society has been accommodated under law.
8/91 of 18 July, law for the creation of more lucrative
associations, proclaiming the general principle to be observed in
the act of constitution or its legal recognition, as well as
specific rules for registration.
Parallel to the above-mentioned principles, there is need
to refer to that of liberty of meetings enshrined in the general
rights of citizen and related to the formation of public opinion
contemplated in law 9/91 of 18 July, establishing the procedure to
be taken into consideration in such an exercise.
Law 18/91 of 10 August, ordained the rights for freedom
of expression and press, as well as information materializes and
attributes greater value to the individual rights already mentioned
and provided for in the 1990 Constitution.
Law 23 and 27/91 of 31 December concerning Trade Union
freedom and employers association rights, respectively feature as
legal support in exercising the right for freedom of association,
aiming at defending tie social interest, and the organizational
substructure observed In the criteria established under the law, in
favor of consolidation of democracy and the affirmation of the rule
of law in Mozambique.
\\
- 6 The defence of the handicapped and the aged as provided
for in the 1990 Constitution is also covered by the creation of the
institute for social welfare thus greatly materializing the
protection of human rights in a civil society.
It should he pointed out that the growing number of none
lucrative associations in the country, reflects the exercise of the
rights of free association, assisting the State in undertaking
development activities through the execution of socio-economic
projects and programmes.
Furthermore, in the area of protection and guarantee of
children rights - this is an implicit topic in the principles of
human and peoples' rights contained in this chapter - besides the
existence of a specific United Nations International Convention,
the Mozambican government has promulgated Decree 5/89, regarding
the adoption and tutelage of the child, with the view to guarantee
the survival and uplacking of the abandoned and orphan child as a
result of war.
In the penal area, beside the abolition of the death
penalty, as a principle enshrined in the 1990 Constitution, the
Mozambican State has granted pardon and clemency to those who
committed crimes against the people and the State and to those
citizens committing small scale common offences.
The preparation of the electoral law and other various
legislative diplomas which reproduces the materialization and
guarantee of fundamental principles established in the 1990
Constitution based on freedom of expression, opinions,
participation in poli-cical life, free choice of representative
political organs in the territorial area, are all under process.
CHAPTER IV
The Role of Public Administration and its
Agents ia the Defence of Human Rights
In the public administrative sectors, training courses
and seminars with topical contents on human rights have been
introduced at prison and civil defence forces levels throughout the
.country. By law 5/92, the organic law of administrative tribunal
was established. This is an organ which controls the legality of
administration agent and as an organ which imposes legality,
judging of interposed resources of the decision of the State organ,
guarantees the defence of the rights and interest of the workers
and citizens in genera:_, thus contributing to the formation of the
rule of law.
7
Notwithstanding, the considerable advancement achieved,
with the view to fulfilling the constitutional rule in regard to
promotion, defence and guarantee of human rights, as well as the
protection of fundamental liberties, efforts should be redoubled in
the struggle against the violations of citizens, civil and
political rights still obtaining in the country, through the
implementation of educational and consciencialization of law
enforcement agents.
Maputo 30 September, 1992
Price: US$1.00 or MT 1,000
CONSTITUTION OF THE
REPUBLIC OF MOZAMBIQUE
(This is the full text of the Constitution adopted
by the Mozambican parliament in November 1990.
The English translation is by AIM)
PREAMBLE
- •
At zero hours on 25' June 1975, the Central
Committee of the Mozambique Liberation Front
(FRELimo) solemnly proclaimed the total and complete independence of Mozambique and its Constitution as the People'sRepublic of Mozambique.
This was the culmination of a centuries long
process of resistance to colonial rule. • It was the
unforgettable victory of the armed' national liberation struggle, led by FREumo;--iwhich brought
together . all the patriotic sectors Of-•Mozambican
society in the same ideals of freedom. unity, justice
and progress. The Constitution then proclaimed attributed. a
determinant role to FRELIMO as the legitimate representative of the Mozambican people. Under its
leadership, the uplifting process of the exercise of
state power as an expression of the people's will was
begun.
The state that we have created has made it possibleAbr the Mozambican people to deepen
democracy and, for the first time in their history, to
exercise political power and organise and direct
social and economic life at a national level.
The way in which state institutions have functioned and the democratic practice of citizens impose new definitions and developments.
After 15 years of independence, the Mozambican
people. using their inalienable right to sovereignty,
determined to consolidate the nation's u_nity and to
respect the dignity of Mozambicans, adopts and
proclaims this Constitution. which shall be the
basic law for all political and social organisation in
the Republic of Mozambique.
The fundamental rights and freedoms enshrined
in the Constitution are gains of the Mozambican
people in their struggle to build a society of social
justice, where the equality of citizens and the imperatives of the law are the pillars of democracy.
We, the Mozambican people, determined to
deepen the arrangement of political life in our
country, in a spirit of responsibility and pluralism
of opinion, are decided to organise society in such
SUPPLEMENT to Mozanthiquefile no 174
a way that the will of the citizens may be the greatest
value of our sovereignty.•
' PART -1
BASIC PRINCIPLES
. CHAPTER 1
THE REPUBLIC
Article 1
The Republic of Mozambique is an independent,
sovereign, unitary and democratic state of social
justice.
Article 2
1. Sovereignty is vested in the people.
2. The Mozambican people shall exercise their
sovereignty in the manner provided for in the Constitution.
Article 3
1. The territory of the Republic of Mozambique is
a single whole, indivisible and inalienable, comprising the entire land surface, territorial waters and air
space delimited by the national boundaries.
2. The breadth, limits and legal order of
Mozambique's territorial waters, the exclusive
economic zone, the contiguous zone and seabed
rights shall be fixed by law.
Article 4
1. The territory of the Republic of Mozambique
shall be subdivided into provinces, districts, administrative posts and localities.
2. Urban zones shall be classified as either cities
or towns.
3. The definition of administrative divisions, the
creation of any new units, as well as the power to
decide on politico-administrative organisation shall
be fixed by law.
Article 5
1. In the Republic of Mozambique, Portuguese
shall he the official language.
2. The State shall esteem national languages and
promote their development and increasing use as
spoken languages and in the education of citizens.
social understanding and tolerance, and to
strengthen national unity.
Article 10
Article 6
The fundamental aims of the Republic of Mozambique shall be:
a) The defence of independence and sovereignty;
b) The consolidation of national unity;
c) The building of a society of social justice, and
the achievement of material and spiritual well-being
for its citizens;
d) The defence and promotion of human rights
and of the equality of citizens before the law;
e) The strengthening of democracy, of freedom
and of societal and individual. stability;
f) The development of the economy, and scientific
and technological progress:
g) The affirmation of the Mozambican personality.
of its traditions and other social and cultural values;
h) The establishment and development of relations of friendship and cooperation with other
peoples and states.
Article 7
1. The Republic of Mozambique shall uphold the
values of the heroic struggle and centuries of resistance by the Mozambican people against foreign
rule.
2. In the building of the Mozambican nation, in
the strengthening of national unity,- and in the
promotion of the democratic participation of
citizens, the State shall retain as a national heritage
the decisive role played by the Mozambique Liberation Front (FRELIN10) in the victory over colonialism
and in the winning of national independence.
Artidle 8
1. The Republic of Mozambique shall acknowledge and esteem the sacrifices-made by those who
gave their lives to the national liberation struggle
and to the defence of the country's sovereignty.
2. The state shall guarantee the special care and
protection of those who suffered permanent injury
in the national liberation struggle, in the defence of
independence, sovereignty and territorial integrity.
as well as the orphans and other dependents of
those who died in this cause.
Article 9
1. The Republic of Mozambique shall be a lay
state.
2. The activity of religious institutions shall be
subject to the law.
3. The State shall respect the activities of religious
denominations in order to promote a climate of
2
The symbols of the Republic of Mozambique shall
be the national flag, emblem and anthem.
CHAFFER 2
NATIONALITY '
SECTION I
NATIONALITY BY ORIGIN
Article 11
1. The following are Mozambicans, as long as they
were born in Mozambique:
a) The children of a father or a mother who was
born in Mozambique;
b) Children whose parents are unknown, stateless or of unknown nationality;
c) Those who were domiciled in Mozambique at
the time of independence;
d) Those who established their domicile in
Mozambique within 90 days of the proclamation of
independence;
e). Those to whom the President. of the Republic
has previously granted nationality by origin.
2.,Persons referred to in 1.c) above,. insofar as they
are children of a foreign father and a foreign mother,
do not have Mozambican nationality, if. within 90
days of the proclamation of independence, they
declared for themselves, if over 18 years of age, or
through their parents .or guardian, if younger than
this, that they did not wish, to be Mozambican. .;
Article 12
1. Persons born in Mozambique after the
proclamation of independence are Mozambican nationals.
2. This rule shall not apply to children of a foreign
father and a foreign mother, if 'either of them is in
Mozambique in the employ of the government of his
or her country.
3. The persons referred to in 1) above, if born of
foreign parents, shall only have. Mozambican
nationality if they declare, for-themselves if over 18
years of age, or through their parents or guardians
if younger than this, that they wish to be Mozambican.
4. The time limit for the declaration referred to in
the previous paragraph is 90 days, to be counted
from the date of birth where the declaration is made
by a parent or guardian, or the eighteenth birthday
where the declaration is made personally.
Article 13
Persons not covered by ocher legal provisions who
took part in the national liberation struggle and who
SUPPLEMENT to Afozambiquefile no. 174
e declared that they wish to be Mozambican, and
ressly renounced any other nationality, are
)zarnhicans.
Article 14
SECTION 2
NATURALISATION
rhe children of a Mozambican mother or father
io took part in the national liberation struggle,
en if born abroad before the proclamation of
dependence, are Mozambicans.
A foreign woman who has married a Mozambican
citizen acquires Mozambican nationality if she
meets all of the following conditions:
a) that she renounces her previous nationality;
b) that she declares that she wishes to acquire
Mozambican nationality;
c) that she establishes domicile in Mozambique;
and
d) that she meets the other requirements set by
law.
ve e_
Article 15
Persons who, although satisfying the prereqsites for nationality by origin, did not acquire such
Atonality due to a choice made by their parents or
iardian. are Mozambicans provided they permally declare, within a year of reaching the age of
3, that they wish to be Mozambican.
Article 16
Those persons not covered by previous articles
ho had been living in Mozambique for at least 20
ears prior to the date of independence are Mozamicans, provided that they declared, within 90 days
f the proclamation of independence, that they
iished to be Mozambican.
Article 21
Article 22
Mozambican nationality may be granted by
naturalisation to foreigners who, at the time of their
request, meet all the following conditions:
a) that they renounce their previous nationality;
b) that they have lived habitually and regularly in
Mozambique for at least ten years:
c) that they are over 18 years old;
d) that they meet the other requirements set by
law.
Article 23
Article 17
Those persons not covered by previous articles
vho were less than 40 years old at the time of
ndependence, and who were domiciled in MozamAgue for a period of time longer than half their life,
ire Mozambicans. provided that they declared,
vithin 90 days of the proclamation of independence,
m their own behalf if they were older than 18. or
hrough their parents or guardians if younger, that
.hey wished to be Mozambican.
Article 18
The children of a Mozambican mother or father
working for the Mozambican state outside the
country are Mozambicans, even if born abroad.
Article 19
Even if born outside the country, the children of
a Mozambican mother or father are Mozambicans
provided that they expressly renounce, on their own
behalf if they are older than 18, or through their
parents or guardians if younger. any other
nationality to which they may be entitled.
Article 20
Persons to whom the President has already
granted nationality by origin for relevant services to
the cause of national liberation are Mozambicans.
SUPPLEMENT to Mozanthigilefile no 174
Mozambican nationality may be granted by act of
naturalisation to the unmarried children, under 18
years of age, of a naturalised citizen.
SECTION 3
LOSS OF NATIONALITY
Article 24
Mozambican nationality shall be lost by any person who:
a) voluntarily acquires a foreign nationality:
b) without authorisation from the Government.
agrees to provide services to a foreign state which
may violate the higher interests of the nation or the
sovereignty of the State;
c) being also a citizen of another state, duly
declares, that he or she does not wish to be Mozambican, or, having attained the age of majority, behaves in fact as a foreign national;
d) having as a minor obtained Mozambican
nationality by virtue of a parent's or guardian's
declaration, renounces, in accordance with the requisite procedures, and within one year of reaching
the age of majority, his or her Mozambican
nationality, provided he or she can demonstrate
possession of another nationality:
e) expressly renounces Mozambican nationality.
SECTION 4
REACOUTSFITON OF NATIONALTIY
Article 25
1. Mozambican nationality may be granted to
persons who have first lost and now reclaim such
nationality, if they meet all the following conditions:
a) that they renounce their previous nationality:
b) that they establish domicile in Mozambique;
c) that they meet the other requirements set by
law.
2. Such reacquisition of nationality shall restore
the legal status obtaining prior to the loss of
nationality.
Article 26
1. A Mozambican woman who has lost her
nationality through marriage may reclaim it:
a) if she has not acquired any other nationality.
by furnishing ordinary proof of this:
b) if she has acquired another nationality, by the
express renunciation thereof.
2. Such reacquisition of nationality shall restore
the legal status obtaining prior to the loss of
nationality.
SECTION 5
MISCELLANEOUS PROWS] ONS
Article 27
No other nationality of persons who are Mozambican nationals under the terms of Mozambican law
shall be recognised or have any legal effect in the
Republic of Mozambique.
Article 28
The registration and proof of acquisition, loss and
reacquisition of Mozambican nationality shall be
regulated by law.
Article 29
1. Naturalised citizens shall not be eligible for
access to a career in the diplomatic: service or the
armed forces or any such equivalent.
2. The law shall define conditions under which
naturalised Mozambican citizens and foreigners
may exercise public functions or private functions
of public interest.
4
CHAPI LIR III
PARTICIPATION IN THE POLITICAL LIFE OF
THE STATE
Article 30
The Mozambican people shall exercise political
power through elections of their representatives by
universal, direct, secret and periodic suffrage,
through referenda on major national issues, and
through permanent democratic participation by
citizens in the affairs of the nation.
Article 31
1. Parties are expressions of political pluralism,
They shall compete to form and proclaim the will of
the people, and shall work as fundamental instruments for the democratic participation of citizens in
the government of the country.
2. The internal structure and the operation of
political parties must be democratic.
Article 32
1. In profound respect for national unity, political
parties shall be bound by the principles enshrined
in the Constitution and in the law.
2. The formation and operations of political parties are subject to the following conditions. Political
parties shall:
a) be national in scope:
b) defend national interests:
c) contribute to the formation of public opinion.
particularly on major national issues:
d) strengthen the patriotic spirit of citizens and
the consolidation of the Mozambican nation.
3. Parties shall contribute, through the political
and civic education of citizens, towards peace arid
stability in the country.
4. The formation, structure and operation of parties shall be regulated by law.
Article 33
Political parties shall be prohibited from advoc:Ii ing or resorting to violence in order to change I h ,.
political and social order of the country.
Article 34
1. Social organisations. as associations of CiliYc:rlr.
having joint interests and affinities, play an
lant role in promoting democracy. and in the 1,;11
Licipation of citizens in political life.
2. Social organisations contribute to achlev;:.,•
the rights and freedoms of citizens, as well
towards raising individual and collective col iscioil•
'less in the fulfilment of civic duties.
.1
■is('
I,I
CHAPTER IV
ECONOMIC AND SOCIAL ORGANISATION
Article 35
1. Natural resources located in the soil and sub.oil, in interior waters, in territorial waters, on the
ontinental shelf, and in the exclusive economic
one shall be property vested in the state.
2. The public domain of the State shall also
nclude:
a) the maritime zone;
b) the airspace;
c) archaeological heritage;
d) nature conservancy zones;
e) hydraulic power resources;
I) energy resources;
g) other goods and assets classified as such by
aw.
Article 41
1. The economic order of the Republic of Mozambique shall be based on the value of labour. on
market forces, on the initiatives of economic
agents, on the contributions by all types of ownership. and on the role of the State in regulating and
promoting economic and social growth and development, in order to satisfy the basic needs of the
people, and to promote social well-being.
2. The national economy shall consist of the
following types of ownership, which shall complement each other:
a) State ownership;
b) cooperative ownership;
c) joint ownership:
d) private ownership.
3. The State shall ensure that economic activities
conform with the interests provided for in the Constitution and in the law.
Article 36
Article 42
The State shall promote knowledge, surveys and
evaluation of natural resources, and shall deternine the conditions under which they may be used
end developed, in the national interest.
Article 37
The State shall promote efforts to guarantee the
.cological balance, and the conservation and
preservation of the environment, seeking to improve
he quality of life for citizens.
Article 38
1. In satisfying the basic needs of the people, the
family farming sector plays a fundamental role.
2. The State shall support and provide incentives
for family sector production, and shall encourage
peasants as well as individual labourers to organise
themselves into more advanced forms of production.
Article 43
The State shall promote and support the active
participation of the national business sector in the
development and consolidation of the country's
economy.
State economic policy shall be directed towards
Article 44
laying the fundamental bases for development, im-
proving the living conditions of the people.
strengthening the sovereignty of the Slate, and
consolidating national unity, through the participation of citizens and the efficient use of human and
material resources.
The State shall recognise the contribution made
by small scale production to the national economy.
and shall support its development as a way of
making good use of the capacities and creativity of
the people.
Article 39
Article 45
1. The Republic of Mozambique shall treat
agriculture as the basis for national development.
2. The Slate shall guarantee and promote rural
development in order to satisfy the growing and
1. Foreign inveL=tineill shall oper.au within (lir
framework of state economic policy.
diverse needs of the people, and for the economic
and social progress of the country.
2. Foreign ventures shall be permitted in all
economic sectors, except those that are exclusively
reserved for State ownership or development by the
State.
Article 46
Article 40
The Republic of Mozambique shall treat industry
as a dynamising factor for the national ecoliomy.
1. All property in land shall vest in the State.
2. Land may not be sold, or mortgaged, encumbered or otherwise alienated.
3. As a universal means for the creation of wealth
and of social well-being, the use and enjoyment of
land shall be the right of all the Mozambican people.
Article 47
1. The State shall determine the conditions under
which land may be used and enjoyed.
2. The right to use land shall be granted to
individual or collective persons, taking into account
its social purpose.
3. The terms for the establishment of rights in
respect of land shall be governed by law and shall
prioritise direct users and producers. The law shall
not permit such rights to be used to favour situations of economic domination or privilege to the
detriment of the majority of citizens.
Article 48
In granting titles for the use of land, the State
shall recognise and protect rights acquired through
inheritance or occupation, unless there is a legal
reservation, or the land has been legally granted to
another person or entity.
Article 49
1. The State shall promote and coordinate
economic activity, acting directly or indirectly to
resolve the basic problems of the people and to
reduce social and regional inequalities.
2. State Investment shall play a dynarnising role
in promoting development.
Article 50
Taxes shall be imposed and altered by law, and
shall be set according to criteria of social justice.
Article 51
1. Labour shall merit respect and protection, and
it shall be the driving force of development.
2. The State shall promote the just distribution of
the proceeds of labour.
Article 52
1.'The Republic of Mozambique shall promote an
educational strategy that aims at national unity, at
wiping out illiteracy, at mastering science and technology, and at providing citizens with moral and
civic values.
2. The State shall organise and develop education
through a national educational system.
3. Education provided by collective and other
bodies shall operate in accordance with the law, and
shall be subject to state supervision.
6
Article 53
1. The State shall promote the development of
national culture and identity, and shall guar Ace
free expression of the traditions and values of
Mozambican society.
2. The State shall make Mozambican culture
known internationally, and shall take action to
enable the Mozambican people to benefit from the
cultural achievements of other peoples.
Article 54
1. Medical and health care for citizens shall be
organised through a national health service which
shall benefit all Mozambicans.
2. To achieve the goals of the national health
system, the law shall establish the way in which
medical and health care is delivered.
3. The State shall promote the participation of
citizens and institutions in order to raise the level
of public health care.
Article 55
1. The family is the basic unit of society.
2. The State shall recognise and protect, in accordance with the law, marriage as the institution
that secures the values of the family.
3. In the context of developing social relations
based on respect for human dignity, the State shall
guarantee the principle that marriage is based on
free consent.
Article 56
1. Motherhood shall be afforded respect and
protection.
2. The family shall be responsible for raising
children in a harmonious manner, and shall teach
the new generations moral and social values.
3. The family and the State shall ensure an allround education of children, bringing them up in
the values of national unity, love for the motherland.
human equality, respect and social solidarity.
4. Children may not be discriminated against on
grounds of their birth, nor may they be subjected to
ill treatment.
5. State and society shall protect orphans arid
abandoned children.
Article 57
1. The State shall promote and support the emancipation of women. and shall act to increase the role
of women in society.
2. The State shall recognise and hold in 1101.11
esteem the participation of Mozambican women Ifs
the national liberation process.
3. The State shall encourage and hold In high
esteem the participation of women In the defence ∎ ,1
stipt,t,EmEnrr 10 Mozarithigtiefile rit, I I
the rr -therland, and in all spheres of the country's
politik..al, economic, social and cultural activity.
Article 58
1. Young people. bravely upholding the patriotic
traditions of the Mozambican people, played a
decisive role in the national liberation struggle': and
:onstitute a force for the renewal of-Mozambican
2. State policy shall be -directed - particularly
towards ensuring the hatirionioUS deireloPrnent of
the character of -Young -People,' fo'helPfne'themaeciuir-ga taste for free-and Creative 'Work, todevelopmg their sense of serving the coriiinunitY..and
providing 'appropriate ccinditiOns'fOr their:entering
'•
'"
into active
-.
-3. •The''State
pro
mote. • :stippar,td
:adrage 'youi-ig: i)eOPle:s initiatives'in'consOlidating
national unity;- aria in the reConstructiciiVtieVelcip'nent and defence of the country.
2. The Republic of Mozambique shall accept. observe and apply the principles of the United Nations
Charter, and of the Charter of the Organisation of
African Unity.
Article 63
1. The Republic of Mozambique shall be in
Solidarity with the 'struggle for the' unity of the
peoples and states of Africa in respect of their
freedom, dignity,' and right to economic and social
.
progress.
- •
•
2. The Republic of Mozambique shall seek to
strengthen relations with countries undertaking
the consolidation of their 'national independence
and the recovery of the use and control of their
nattirarre:sdUrees for their respective peoples:
&The Reptitlic of •Mozambique shall join •t%;ith. all
states struggling-for-the establishinent Of ajust arid
equitable ifitei'fiational'eConoinic order:
' •
Article- 64 -"
-
CHAPTER 5
' NATIONAL. DE:FENCE" • ''
:••
Article 59
The State's defence and security policy. shall seek
.6 defend "national independence, preserve the
:ountry's sovereignty and- integrity, and- guarantee
:lie .1.101 mal functioning 01 institutions "and the
security of citizens against any armed aggression:
Article 60
1. The defence and security forces shall be subirdinate to national defence and security policy,
Ind ' owe allegiance to the ConstitUtion and to the
gation.
2. The oath taken by members of the defence and
security forces shall establish their duty to respect
he Constitution.
Article 61
Citizens shall be encouraged to join civil defence
snits, particularly for the protection of economic,
;octal and production infrastructures.
CHAPTER 6
FOREIGN POLICY
Article 62
1. The Republic of Mozambique, as a non-aligned
:ountry, shall establish relations of friehdship and
:ooperation with other states on the basis of prin:iples of mutual respect for sovereignty and teritorial integrity, equality, non - interference in
nternal matters and reciprocity of benefits.
-
3UPPLEMENT to Mozambiquefile no 174
f•
1. The Republic of Mozambique shall support and
be in solidarity with the struggles of peoples for their
national liberation.
The 'Republic of Mozambique shall grant
asylum to foreignerS persecuted 'because of their
fight for peace, -democracy, national and social
liberation, and for the defence of human rights.
Article 65
1. The Republic of Mozambique shall pursue a
policy of peace, and shall only resort to force in the
case of legitimate defence.
2. The Republic of Mozambique shall support the
primacy of a negotiated solution to conflicts.
3. The Republic of Mozambique shall support the
principle of general and universal disarmament of
all states.
4. The Republic of Mozambique shall advocate the
transformation of the Indian Ocean into a nuclear
free zone of peace.
PART 2
FUNDAMENTAL RIGHTS, DUTIES AND
FREEDOMS
CHAPTER 1
GENERAL PRINCIPI.ES
Article 66
All citizens are equal before the law. They shall
enjoy the same rights, and shall be subject to the
same duties regardless of colour, race, sex, ethnic
origin, place of birth, religion, educational level.
social position, the legal status of their parents, or
their profession.
7
Article 67
Article 74
Men and women shall be equal before the law in
all spheres of political, economic, social and cultural life.
1. All citizens shall have the right to freedotil o
expression and to freedom of the press, as v. as
the right to information.
2. The exercise of freedom of expression, which
consists in the ability to make known one's opinions
by all legal means, and the exercise of the right tc
information, shall not be limited by censorship.
3. Freedom of the press shall include in particulaj
the freedom of journalistic expression anc
creativity, access to sources of information, protec
tion of professional independence and confiden
tiality, and the right to establish newspapers anc
other publications.
4. The exercise of the rights and freedoms ref-erre:
to in this article shall be regulated by law based o:
the necessary respect for the Constitution. for
dignity of the human person, and for the mandate-,
of foreign policy and national defence.
Article 68
Disabled citizens shall enjoy fully the rights
enshrined in the Constitution, and shall be subject
to the same duties, except those rights and duties
which their disability prevents them from undertaking.
Article 69
All acts intended to undermine national unity, to
disturb social harmony, or to create divisions or
situations of privilege or discrimination based on
colour, race, sex, ethnic origin, place of birth,
religion, educational level, social position, physical
or mental ability, the legal status of one's parents,
or profession, shall be punished according to law.
Article 70
1. All citizens shall have the right to life. All shall
have the right to physical integrity, and may not be
subjected to torture or to cruel or inhuman treatment.
2. In the Republic of Mozambique there shall be
no death penalty.
Article 71
All citizens shall have the right to their honour,
good name and reputation, as well as the right to
privacy and to defend their public image. Article 72
All citizens shall have the right to live in a
balanced natural environment and shall have the
duty to defend the same.
CHAPTER 2
RIGHTS, DUTIES AND FREEDOMS
Article 73
1. All citizens shall have the right and the duty to
participate In the process of extending and consolidating democracy at all levels of State and
society.
2. Citizens 18 years of age and over shall have the
right to vote and to be elected, with the exception of
those legally deprived cf this right.
3. The right to vote shall be personal and shall
constitute a civic duty.
Article 75
All citizens shall have the right to fref-dorn
assembly within the terms of the law.
Article 76
1. All citizens shall enjoy freedom of asscx:tat.L.--:
2. Social organisations and associations
have the right to pursue their aims, to create
tions designed to achieve their specific objec-_-_.
and to own assets in order to carry out
tivities, in accordance with the terms of thy
Article 77
1. All citizens shall have the freedom to fore.
participate in political parties.
s
2. Party membership shall be volu ntary.
derive from the freedom of citizens to assoc:..:-:
the basis of the same political ideals.
Article 78
1. All citizens shall have the freedora to ; or not to practise a religion.
2. Religious denominations shall have Uie
pursue their religious aims freely. and to .acquire assets for realising those aim,.
Article 79
1. All citizens shall have the righi is tr
scientific, technical, literary and ;Jrn..1I,
2. The State shall protect rights ri:1.11(-;
lectual property. Including copyrii;ht.
•
promote the practice and disseminat
and art.
SUITIEMENT fo Mort mil , -I
Article 80
Article 87
1. All citizens shall have the right to present
ns, complaints and claims before the relevant
authority to obtain the restoration of rights that
have been violated, or in defence of the public
interest.
2. All citizens shall have the right not to comply
with orders that are illegal or which infringe upon
their rights.
The State shall recognise and guarantee, within
the terms of the law, the right of inheritance.
Article 81
All citizens may contest acts that violate their
rights recognised under the Constitution and other
laws.
Article 82
All citizens shall have the right of recourse to the
courts against any act which violates their rights
recognised by the Constitution and the law.
Article 88
1. Work shall be a right and a duty of all citizens.
regardless of sex.
2. All citizens shall have the right to a free choice
of profession.
3. Forced labour shall be forbidden, with the
exception of work performed in the context of penal
law.
Article 89
1. All employees shall have the right to just payment, to rest and to holidays.
2. Employees shall have the right to protection.
safety and hygienic conditions at work.
3. Employees may only be dismissed in accordance with the law.
Article 83
Article 90
1. All citizens shall have the right to take up
residence in any part of the national territory.
2. All citizens shall be free to travel inside the
national territory and abroad, except those legally
deprived of this right by the courts.
1. All employees shall have the freedom to organise professional associations or trade unions.
2. The exercise of trade union activity shall be
regulated by law.
Article 84
Article 91
1. It shall be a sacred duty and honour for all
Mozambican citizens to participate in the defence of
the country's independence, sovereig ity and territorial integrity.
2. Military service shall be rendered according to
terms established by law.
1. Employees shall have the right to strike. The
exercise of this right shall be regulated by law.
2. The law shall limit the exercise of the right to
strike in essential services and activities. in the
interests of the overriding needs of society.
3. Lockouts shall be prohibited.
Article 85
Article 92
1. All citizens shall have the duty to respect the
Constitutional order.
2. Acts contrary to the Constitution shall be
subject to sanction in accordance with the law.
1. In the Republic of Mozambique education shall
be a right and duty of all citizens.
2. The State shall promote greater and equal
access to the enjoyment of this right by all citizens.
Article 93
CHAPTER 3
ECONOMIC AND SOCIAL RIGHTS AND
DUTIES
Article 86
1. The State shall recognise and guarantee the
right to ownership of properly.
2. Expropriation may only take place on grounds
of public need, usefulness or interest, as defined by
law, and there shall be just compeiisaJon.
1. Citizens shall have the right to physical education and to sport.
2. The Stale shall promote. through sporting and
educational institutions, the practise and dissemination of physical education and sport.
Article 94
All citizens shall have the right to medical and
health care, within the terms of the law, and shall
have the duty to promote and preserve health.
SUPPLEMENT to Alozanil.,:.;I:flito no 17-1
9
Article 95
1. All citizens shall have the right to assistance in
__le case of disability or old age.
2. The State shall promote and encourage the
creation of conditions for achieving this right.
2. Citizens held in preventive imprisonment shall
be brought within the period fixed by law before the
judicial authorities who alone shall have the power
to decide on the validity and continuation of imprisonment.
Article 102
CHAPTER 4
GUARANTEES OF RIGHTS AND FREEDOMS
Article 96
1. Individual rights and freedoms shall be guaranteed by the State. and shall be exercised within the
framework of the Constitution and the laws.
2. The exercise of rights and freedoms may only
be limited if public order or individual rights.
freedoms or guarantees are endangered, or if the
use of force is implied or threatened.
Article 97
The State shall be liable for damages caused by
illegal acts of its agents, committed in the exercise
of their functions, without prejudice to the right of
appeal in accordance with the law.
1. In case of illegal imprisonment or detention,
citizens shall have the right to interpose a writ of
habeas corpus.
2. The writ of habeas corpus shall be interposed
before a court, and the procedures shall be fixed by
law.
Article 103
1. Extradition may only take place by court
decision.
2. Extradition for political motives shall not be
authorised.
3. No Mozambican citizen may be expelled or
extradited from the national territory.
Article 104
Article 98
1. In the Republic of Mozambique no-one may be
arrested and put on trial except within the terms of
the law.
2. Persons charged with an offence shall enjoy the
presumption of innocence until final judgement has
been passed.
Article 99
1. No-one may be punished for an act that was
not considered a crime at the time it was committed.
2. Criminal laws may be applied retroactively only
in favour of the accused.
The home and the correspondence or other forms
of private communication of citizens shall be inviolable, except in such cases as specifically stipulated
by law.
Article 105
1. The right to information, the freedom of the
press, and the independence of the media, as well
as broadcasting rights and the right of reply, shall
be guaranteed by the Supreme Council for Mass
Communication.
2. The law shall regulate the jurisdiction. composition and operation of the Supreme Council for
Mass Communication.
Article 100
Article 106
1. The State shall guarantee the access of citizens
to the courts. It shall guarantee to persons charged
with an offence the right to defence and the right to
legal assistance and aid.
2. The State shall make provision to ensure that
justice is not denied for lack of resources.
1. Individual freedoms and guarantees may only
be temporarily suspended or limited in the event of
the declaration of a state of war, a state of siege. or
a state of emergency.
2. A state of siege or a state of emergency may not
exceed six months. and any extension must be
made in the terms of the law.
3. The law shall define rules for a state of war, a
state of siege and a state of emergency, and shall
establish judicial guarantees to protect the rights of
citizens that are to be safeguarded.
Article 101
1. Preventive imprisonment shall only be permitted in cases provided for by the law, which shall
limit the duration of such imprisonment.
10
SUPPLEMENT to Mozantbiquefile no. 174
PART 3
ORGANS OF STATE
CHAPTER I
GENERAL PRINCIPLES
Article 107
1. Public elective officers shall be chosen through
.-.1ections in which all citizens shall have the right to
participate.
2. The election of public officers shall take place
through universal, direct, secret, personal and periodic vote.
3. Results of elections shall be estanshed according to the system of majority vote.
4. The electoral process shall be regulated by law.
Article 108
1. Legally constituted political parties may compete in elections.
2. Political parties shall hold public office in accordance with the results of the elections.
Article 113
The representative of central authority at the
provincial level is the Provincial Governor.
Article 114
1. The Provincial Government is the body charged
with ensuring the implementation, at provincial
level, of centrally defined government policies.
2. The Provincial Government shall be directed by
the Provincial Governor.
3. Members of Provincial Governments shall be
appointed centrally.
4. The composition, powers and operation of
Provincial Governments shall be defined by law.
Article 115
1. Democratically elective bodies may be set up at
provincial level.
---2. The law shall regulate the organisation, composition, powers and operation of the bodies mentioned In the previous clause.
Article 116
Article 109
The sovereign public offices are the President of
the Republic, the Assembly of the Republic. the
Council of Ministers, the Courts and the Constitutional Council.
Article 110
Central State offices are the sovereign public
offices, governmental bodies as a whole, and such
central institutions as are responsible for guaranteeing the precedence of national interests and the
realisation of a unitary state policy.
Article 111
1. Central offices shall, in general, have power to
act in exercise of sovereignty, to regulate matters in
accordance with the law, and to define national
policies.
2. The central offices shall have exclusive powers
in the following matters: representation of the State,
definition and organisation of the territory, national
defence, public order, supervision of borders. issuing currency, and diplomatic relations.
Article 112
1. Central offices shall take action directly, or
through appointed heads or agents of the administration, who shall supervise central activities
within a particular territorial area.
2. The law shall determine the form. organisation
and powers for the exercise of pi‘. 4,c administration.
SUPPLEMENT to Mozambiquefi le no 174
At the various territorial levels, local State bodies
shall guarantee that citizens may participate and
decide on matters of interest to their respective
communities.
CHAPTER 2
THE PRESIDENT OF THE REPUBLIC
Article 117
1. The President of the Republic is the head of
state, embodying national unity, representing the
nation domestically and internationally, and overseeing the correct operation of the State offices.
2. The head of state shall be the guarantor of the
Constitution.
3. The President of the Republic shall be the head
of the government.
4. The President of the Republic shall be Commander-in-Chief of the armed and security forces.
Article 118
1. The President of the Republic shall be. elected
by direct universal suffrage. and personal arid
secret ballot.
2. The election of the President of the Replibh(
shall take place on the basis of a major-Hy yousystem.
3. All Mozambican citizens may he candidates for
the post of President of the Republic. if they fulfil ;ill
the following conditions:
a) that they possess nationality by origin:
I1
b) that they are children of parents who held
N4ozarnbican nationality by origin;
c) that they are at least 35 years of age:
d) that they are in full possession of their political
and civic rights;
e) that they have been proposed by at least 5.000
voters, of whom at least 200 must reside in each
province.
4. The term of office of the President of the
Republic shall be five years.
5. The President of the Republic may only be
re-elected on two consecutive occasions.
6. A President of the Republic who has been
reelected on two consecutive occasions may only be
a candidate for further presidential elections five
years after the end of his last term of office.
Article 119
1. The candidate who gains more than half the
votes cast shall be elected President of the Republic.
2. If none of the candidates obtains the necessary
majority, there shall be a second ballot between the
two candidates receiving the most votes.
Article 120
In his role as head of state, the President of the
Republic shall have power to:
a) Address the nation through messages and
other communications;
b) Inform the Assembly of the Republic every year
on the general state of the nation;
c) Decide on holding referenda for amending the
constitution, or on matters of fundamental interest
for the nation;
d) Call general elections;
e) Dissolve the Assembly of the Republic once, if
the Assembly does not approve the programme of
the government;
I) Dismiss the other members of the government,
if its programme is rejected a second time by the
Assembly of the Republic;
g) Appoint the President and Deputy President of
the Supreme Court, the President of the Constitutional Council, and the President of the Administrative Court;
h) Appoint, exonerate and dismiss the AttorneyGeneral and Deputy Attorney-General of the
Republic;
i) Grant pardons and commute sentences;
j) Confer, within the terms of the law, titles,
awards and distinctions.
b) Appoint, exonerate and dismiss the Prime Minister;
c) Establish ministries and ministerial commissions;
d) Appoint. exonerate and dismiss:
- Ministers and Deputy Ministers;
- Provincial Governors;
- Rectors and Deputy Rectors of State univer •
sales:
- the Governor and Deputy Governor of the Bank
of Mozambique;
- Secretaries of State.
-
Article 122
In matters of national defence and public order.
the President of the Republic shall have power to:
a) Declare a state of war and its termination, a
state of siege or a state of emergency;
b) Sign treaties:
c) Decree general or partial mobilisation:
d) Appoint, exonerate and dismiss the Chief of the
General Staff, the General Commander of the Police.
the commanders of the various wings of the Armed
Forces of Mozambique, and other officers of the
defence and security forces in the terms established
by law.
Article 123
In matters of International relations, the President of the Republic shall have power to:
a) Guide foreign policy;
b) Execute international treaties;
c) Appoint, exonerate and dismiss the ambassadors and diplomatic envoys of the Republic of
Mozambique;
d) Receive the credentials of ambassadors and
diplomatic envoys of other countries.
Article 124
1. The President of the Republic shall have the
power to enact laws and order their publication in
the Boletim da Republica_
2. Bills shall be enacted into law within 30 days
of being received.
3. The President of the Republic may, by order
with reasons adduced, return a bill to the Assembly
of the Republic for reexamination.
4. Should the bill, under reexamination, be approved by a two-thirds majority, the President of t I ic
Republic must enact it into law and order its publication.
Article 121
Article 125
In the administration of government activity, the
President of the Republic shall have power to:
a) Convene and preside at sessions of the Council
of Ministers:
12
1. The President of the Republic shall be sworn
into office by the President of the Supreme Court
a public ceremony before the members of the At.-
SUPPLEA1EIVT (o MozombiqueliIP too. 17.1
sembly of the Republic and representatives of the
sovereign offices.
2. On assuming office. the President of the
Republic shall take the following oath:
"I do swear on my honour that I wi I faithfully
carry out the task of President of the Republic of
Mozambique, that I will dedicate all my e:forts to the
defence, promotion and consolidation of national
unity, and to the well-being of the Mozambican
people, and that I will ensure respect for the Constitution, and that justice is done for all citizens".
1. During the period in which the office of the
President of the Republic Is vacant, the Constitution
may not be altered.
2. The Interim President of the Republic shall
guarantee the functioning of the offices of State and
all other institutions, but may not exercise the
powers referred to in article 120. lines b). c), e).
g) and h), in article 121. lines b), c), and d), in article
122, line e), and in article 123. line a
Article 126
Article 131
1. The President of the Republic shall decide who
will be his substitute in case of short-term disability
or absence, and who will represent him in carrying
out specific activities.
2. If the period of disability exceeds 45 days, the
President of the Assembly of the Repubdc shall act
as substitute.
Statutory acts of the President of the Republic
shall take the form of presidential decrees. Other
decisions arising from the President's constitutional
powers shall take the form of presidential orders.
Both are to be published in the Bolettrn da
Republica.
Article 130
Article 132
Article 127
1. In the event of the death, resigna ion or permanent incapacitation of the Presit ent of the
Republic. his functions shall be assumed on an
interim basis by the President of the issembly of
the Republic.
2. The President of the Assembly of t ie Republic
shall assume office as Interim President of the
Republic before representatives of th.. offices of
sovereignty.
3. The Interim President of the Republic shall be
sworn into office by the President of the Supreme
Court.
1. The President of the Republic shall enjoy immunity from civil and criminal proceedings with
respect to actions taken in the discharge of his
duties.
2. The President of the Republic may not be sued
in court during the term of his office, for actions
taken outside the discharge of his duties.
CHAPTER 3
ASSEMBLY OF THE REPUBLIC
SECIION I
ASSEMBLY OF THE REPUBLIC
Article 128
Article 133
1. In the event of the death, resignation or permanent incapacitation of the head c: state, the
election of a new President of the Repub. is shall take
place within 90 days. The Interim President of the
Republic shall be excluded from runni:ig as a candidate.
2. The new President of the Republic shall hold
office until the next ordinary elections Lake place.
1. The Assembly of the Republic is the highest
legislative body in the Republic of Mozambique.
2. Through laws and through guidelines of a
general character, the Assembly of the Republic
shall determine the norms governing the activities
of the State and of economic and social life.
Article 129
1. The permanent incapacitation of Lie President
of the Republic shall be verified by a malical board
as defined by law.
2. The permanent incapacitation of tne President
of the Republic shall be declared by t ie President
of the Supreme Court.
3. The Supreme Court shall verify the death and
the divestiture of office of the President of the
Republic.
SUPPLEMENT to Mozambique/0c• no 174
Article 134
1. The Assembly of the Republic shall be elected
by direct universal suffrage and personal secret
ballot.
2. The Assembly of the Republic shall consist of
a minimum of 200 and a maximum of 250 deputies
3. The deputies to the Assembly of the Repubiic
shall be elected for five year terms of office.
.
Article 135
1. The Assembly of the Republic shall have power
to legislate on basic questions of the country's
domestic and foreign policy.
13
2. In particular, the Assembly of the Republic
shall have power to:
a) delimit the borders of the Republic of Mozambique;
b) decide on territorial subdivision;
c) approve the electoral law and rules for referenda;
d) propose the holding of referenda on questions
of national interest;
e) ratify the suspension of constitutional guarantees and the declaration of a state of siege or a state
of emergency;
f) ratify the appointment of the President and
Deputy President of the Supreme Court, the President of the Constitutional. Council, and the President of the Administrative Court:
g) appraise and approve progress reports from the
Council of Ministers:
h) appraise and approve the • State plan and
budget, and the respective reports concerning their
implementation;
i) define defence and security policy, after consulting the National Defence and Security Council:
j) define the bases for tax po;icy:.
k) ratify and terminate international treaties:
1) grant amnesties'and pardons:
m) authorise the President of the Republic to
make state visits abroad.
3..The Assembly of the Republic shall also have
power to:
a) elect the President and the members of the
Standing Commission of the Assembly of the
Republic:
b) adopt the standing orders of the Assembly of
the Republic and the statute for Deputies:
c) set up commissions of the Assembly of the
Republic, and regulate their activities.
Article 138
1. The Assembly of the Republic shall elect from
among its members the President of the Assembh
of the Republic.
2. The Head of State shall convene and preside at
the session during which the President of the Assembly of the Republic is elected.'
3. The President of the Assembly of the Republic
shall be sworn into office by the President of the
Supreme Court.
4. The President of the Assembly of the Republic
shall be answerable to the Assembly of the Republic_
Article 139
The Assembly of the Republic shall meet in ordinary session twice a year, and in extraordinarysession whenever requested by the President of the
Republic, by the Standing Commission of the Assembly of the Republic. or by at least one third a
the deputies of the Assembly of the Republic
Article 140
1. The Assembly of the Republic may only enter
into debate when more than half its members are
present.
2. The decisions of the Assembly of the Republic
shall require a majority of votes of the membera-.
present.
Article 141
The legislative acts of the Assembly of tht
Republic shall take the form of laws, and its other
decisions shall take the form of resolutions. Boa_
shall be published in the`Boletim da Republica
Article 130
Article 142
1. At the beginning of each legislative session, the
Assembly of the Republic shall evaluate the
programme of the Government.
2. The Government may present a revised
programme that takes the conclusions of the debate
into account.
3. Should the Assembly of the Republic, after
debate, reject the Governmenrs programme. the
President of the Republic may dissolve the Assembly
and call new general elections.
Article 137
Bills may be introduced in the Assembly of the
Republic by:
a) the President of the Republic:
b) the commissions of the Assembly of the
Republic;
c) the deputies;
d) the Council of Ministers.
14
The President of the Assembly of the Republic
shall have power to:
a) convene and chair sessions of the Assembly ci
the Republic and of its Standing Commission:
b) monitor the implementation of the decisions c
the Assembly of the Republic:
c) sign bills adopted by the Assembly of the
Republic, and submit them to the President of tiltRepublic for enactment:
d) sign and order the publication of resolutions of
the Assembly of the Republic:
e) represent the Assembly of the Republic domes
tically and internationally.
Article 143
In case of absence or disability, the functions a
the President of the Assembly of the Republic
be exercised by members of the Standing Comitil..
SUPPLEA117/T fo Afozarrthique.file
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sion of the Assembly of the Republic,
stipulated
Jy the standing orders of the Assembly.
Article 144
1. No deputy to the People's Assembly may be
arrested, unless apprehended in ccmmitting a
criminal offence. No deputy may be brc ught to trial
without the consent of the Assembly or of its Standing Commission.
2. Deputies to the People's Assembly E.hall be tried
by the Supreme Court.
Article 145
1. Deputies to the People's Assembly may not be
sued, detained, or put on trial for opir ions voiced
or votes cast in exercising their Einction as
deputies.
2. The above does not apply to civil or criminal
responsibility for defamation or slander.
CHAPTER 4
COUNCIL OF MINISTERS
Article 149 .
The Council of Ministers is the Government
(Cabinet) of the Republic of Mozambique.
Article 150
1. In discharging its functions, the Council of
Ministers shall do so in accordance with the
decisions of the President of the Republic and of the
Assembly of the Republic.
2. The Council.of Ministers shall be convened and
chaired by the Prime Minister, to whom this power
is delegated by the President of the Republic.
3. Government policies shall be formulated by the
Council of Ministers in sessions chaired by the
President of the Republic.
Article 151
Article 146
1. Any deputy to the Assembly of the Republic
may resign.
2. The disqualification and resignation of deputies
to the Assembly of the Republic shall b regulated
by law.
The Council of Ministers shall be responsible to
the President of the Republic and to the Assembly
of the Republic for the conduct of domestic and
foreign policy, and shall give account to them of its
activities as provided by law.
Article 152
SECTION 2
STANDING COMMISSION OF THE ASSEMBLY
OF THE REPUBLIC
Article 147
1. The Standing Commission of the Assembly of
the Republic shall be the governing beard of the
Assembly of the Republic.
2. The Standing Commission of the A;sembly of
the Republic shall be composed of the President of
the Assembly and of deputies elected by the Assembly of the Republic from among its members.
3. The composition of the Standing Commission
of the Assembly of the Republic shall be established
by law.
Article 148
The Standing Commission of the Assembly of the
Republic shall have power to:
a) coordinate the activities of the comngssions of
the Assembly of the Republic;
b) conduct the relations between the Afsembly of
the Republic and assemblies and equivale it institutions in other countries:
c) prepare and organise sessions of the Assembly
of the Republic.
SIJPI'LEAiEIVT to MozambiciticlOc tin 174
1. The Council of Ministers shall secure the administration of the country. shall guarantee its
territorial integrity, shall safeguard public order,
including the security and tranquillity of citizens.
shall promote economic development, shall implement the State's social programme. shall develop
and consolidate legality, and shall carry out the
country's foreign policy.
2. The defence of public order shall be guaranteed
by the appropriate entities operating under government control.
Article 153
1. In particular. the Council of Ministers shall
have power to:
a) guarantee the enjoyment by citizens of their
rights and freedoms;
b) secure public order and social discipline:
c) draft bills to be submitted to the Assembly
the Republic. and proposals for decision to be submitted to the President of the Republic;
d) draft the State plan and budget. and implement
them after they have been approved by the Assembly of the Republic;
e) promote and regulate economic activity and (l ie
activity of social sectors:
I) prepare the signature and formalisation of In.
ternational treaties. and sign. ratify, adhere to ;Hid
terminate international agrecme its:
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h) direct the State social sectors. particularly
education and health;
i) direct and promote housing policy.
2. The Council of Ministers shall also have power
to:
a) guarantee the defence and consolidation of the
public domain, and of State assets:
b) direct and coordinate the activities of the ministries, and of other offices subordinate to the Council of Ministers:
c) evaluate the activities of local executive organs.
and regulate their organisation and functioning:
d) ensure Lhe correct functioning and the development of State institutions and companies and their
expansion in accordance with the needs of the
economy;
e) promote the development of cooperatives and
support for peasant family production;
1) encourage and support the exercise of private
initiative.
z. hrh we exercise of Itiesc Ilinctions, members o,
the Council of Ministers, designated by the Priiitt
Minister, shall give assistance.
Article 156
The members of the Council of Ministers shall be
accountable to the President of the Republic and to
the Prime Minister for the implementation of the
decisions of the Council of Ministers within their
areas of jurisdiction.
Article 157
1. Statutory acts of the Council of Ministers shall
take the form of decrees. Other decisions of the
Council of Ministers shall take the form of resolutions.
2. Decrees and resolutions shall be signed by the
Prime Minister and published in the Bolelim do
Republica.
Article- 154
1. Notwithstanding other attributes conferred
upon him by the President of the Republic and by
law, the Prime Minister shall assist and advise the
President of the Republic in the administration of
government.
2. In particular, the Prime Minister shall have
power to:
a) assist the President of the Republic in drawing
up the Government programme:
b) advise the President of the Republic on the
creation of ministries and ministerial commissions,
and on the appointment of members of the government and other governmental heads:
c) draft the government's plan of work and present
it to the President of the Republic:
d) ensure that members of the government implement decisions taken by state offices;
e) convene and chair the meetings of the Council
of Ministers dealing with the implementation of
defined policies and other decisions;
1) coordinate and control the activities of ministries and other governmental institutions;
g) supervise the technical and administrative
operations of the Council of Ministers.
Article 155
I 'In his relations with the Assembly of the
Republic, the Prime Minister shall have power to:
a) present to the _A_Ssenibly of the Republic the
Government's- programme and tie draft plan and
budget:
b) present govern: !tent reports:
c) explain the Government's positions to the Assembly of t he 1-.?.(1)!Iblie.
CHAPTER 5
NATIONAL DEFENCE AND SECURITY
COUNCIL
Article 158
1. The National Defence and Security Council Is
the consultative body of the President of the
Republic in his capacity as Commander-in-Chief hf
the defence and security forces, for matters relatitig
to national sovereignty, territorial integrity. defence
of democratically established authority, and the
security of the Mozambican nation.
2. The National Defence and Security Council
shall be chaired by the President of the Republic.
Article 159
In particular, the National Defence arid Security
Council shall have power to:
a) pronounce upon a state of war before such is
declared;
b) pronounce upon the suspension of constiiii•
tional guarantees and the declaration of a state of
siege or a state of emergency:
c) evaluate the criteria and conditions of use of
zones of total or partial protection to be used for I he
defence and security of the national territory:
d) analyse and monitor initiatives by other Slaty
offices that seek-to guarantee t he consolidation'
national independence, the consolidation of poll('
cal power, and the maintenance of law and ord , r
Article 160
The composition, organisation and operalioll
III
the National Defence and Security Coulico
fixed by law.
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CHAPTER 6
THE COURTS
SECTION 1
GENERAL PRINCIPLES
Article 161
1. It shall be the function of the courts to guaranee and strengthen the rule of law as an instrument
legal stability, to guarantee respect for the laws,
o safeguard the rights and freedoms of citizens. as
well as the vested interests of the other entitres with
egal capacity.
2. The courts shall educate citizens in the volunary and conscious observance of laws, thus estabishing a just and harmonious social community.
3. The courts shall punish violations of the legal
)rder and shall adjudicate disputes in accordance
with the law.
Article 162
Under no circumstances may the courts apply
laws or principles which are contrary to the Constitution.
a) the Supreme Court and other courts of justice:
b) the Administrative Court:
c) courts - Ina, tial; d) customs courts;
c) fiscal courts:
I) maritime courts;
g) labour courts.
2. Other than the courts specified in the Constitution, no other court may be established with jurisdiction over specific categories of crimes.
SECTION 2
SUPREME COURT
Article 168.
1. In the Republic of Mozambique, the power to
administer justice shall be exercised through the
Supreme Court and other courts as established by
law.
2. The Supreme Court shall be the highest judicial
body, and shall have jurisdiction throughout the
national territory.
3. The Supreme Court shall ensure the uniform
application of the law in the interests of the Mozan ► bican people.
Article 163
Article 169
It shall be obligatory for all citizens and other legal
entities to obey court decisions. The decisions of the
courts take precedence over the decisions of other
authorities.
The Supreme Court shall act:
a) in sections, as a trial court of primary and
appellate jurisdiction;
b) in plenary session, as a court of final appeal
cases expressly provided for by law.
Article 164
1. In the exercise of their functions, judges shall
be independent. and shall owe obedience only to the
law.
2. Judges shall likewise be impartial and disinterested.
Article 165
1. Judges may be held responsible in civil.
criminal and disciplinary proceedings for acts committed in the discharge of their duties only in cases
specified by law.
2. The removal of a professional judge from the
bench may only take place under legally established
terms.
Article 166
Article 170
1. The Supreme Court shall be composed of
professional judges and of elected judges. the num ber to be established by law.
2. The professional judges shall be appointed by
the President of the Republic. after consultatio!:
with the Supreme Council of the Judiciary.
3. The code of conduct and the term of office f0:the President, Deputy President and profession;:1
judges on the Supreme Court shall be established;
by law.
4. The Assembly of the Republic shall elect I !other judges to the Supreme Court.
5. Mozambican citizens over 35 years of age
be elected as judges to the Supreme Court. lime ten:
and other requirements of office shall be. fixed ft.law.
Professional judges may not undertake any other
public or private activity, except teaching or research.
Article 171
Artic17, 167
I. In court hearings. matters of law shall alw:o.'
be decided by t he professional judges.
2. The elected judges shall only take p;Ji
primary that coI Irt hearings.
1. In the Republic of M •.:1I-nl.)ique there shall be
the lcIs—tug courts:
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Article 172
Article 177
The law shall regulate the powers, composition.
ganisation and functioning of the Supreme Council of the Judiciary.
The law shall determine the structure, composition and operation of the Office of the AttorneyGeneral and of the Supreme Council of the Public
Prosecutor.
SECTION 3
ADMINISTRATIVE COURT
Article 173
1. The Administrative Court shall control the
legality of administrative acts and shall supervise
the legality of public expenditure.
2. In particular, the Administrative Court shall:
a) adjudicate acts dealing with legal controversies
arising from administrative acts and procedures;
b) adjudicate appeals against decisions of State
offices, their office holders, agents and employees;
c) examine the accounts and records of the State;
d) exercise other powers that may be attributed
by law.
Article 174
The law shall determine the powers, jurisdiction,
organisation, composition and operation of the Administrative Court.
SECTION 4
COURTS-MARTIAL, CUSTOMS, FISCAL,
MARITIME AND LABOUR COURTS
Article 175
The powers, organisation, composition and
functioning of courts-martial, and customs, fiscal,
maritime and labour courts shall :.)e fixed by law.
Article 178
1. The Public Prosecutor's Office shall constitute
a hierarchically organised magistracy, subordinate
to the Attorney-General of the Republic.
2. In exercising their functions, the officers and
agents of the Public Prosecutor's Office shall be
subject to the principles of legality, objectivity arid
impartiality, and shall be guided exclusively by
rules and matters of law.
Article 179
The Public Prosecutor's Office shall represent the
State before the courts, shall control the legality and
the duration of detentions, shall initiate criminal
prosecution, shall enforce criminal sentences, and
shall ensure the legal defence of minors and of
absent or Incapacitated persons.
CHAPTER 8
CONSTITUTIONAL COUNCIL
Article 180
The Constitutional Council is a body with spf:‘1:::
jurisdiction on legal questions arising from or rflated to the Constitution.
Article 181
CHAPTER 7
THE OFFICE OF THE ATTORNEY-GENERAL
Article 176
1. The Office of the Attorney-General shall supervise and control legality, shall promote compliance
with the law, and shall take part in defending the
established legal order.
2. The Office of the Attorney-General shall be
headed by the Attorney-General of the Republic. In
case of absence or disability, the Deputy AttorneyGeneral of the Republic shall substitute.
3. The Attorney-General shall be answerable to
the President of the Republic, and shall provide
annual reports to the Assembly of the Republic.
4. Assistant Attorney-Genera;s shall be appointed. exonerated and dismissed by the President
of the Republic. after consultation with the
Supreme Council of the Public Prosecutor.
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1. The Constitutional Council shall have power to
a) adjudicate and declare the unconstitutionality
and illegality of legislative and statutory a(.1-;
State bodies;
b) settle conflicts of competence between tiosovereign offices:
c) pronounce upon the legality of referenda.
2. In the specific area of elections. the Constittitional Council shall also have power to:
a) supervise the electoral process;
b) verify the legal prerequisites required of can
didates for the post of President of the Repo blf( .
c) take final decisions on electoral col-not:011f
d) validate and declare the final results of 111,
electoral process.
Article 182
1. There shall be no appeal against decision. ol
the Constitutional Council.
St1ITI_Ets11•:Nr 1,, Alt,•.(inibgtujill'
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2. The decisions of the Constitutional Council
shall be published in the Boletirn da Republica.
Article 183
The following may request a declaration of unconstitutionality or illegality from the Constitutional
Council:
a) the President of the Republic;
b) the President of the Assembly of t- Republic:
c) the Prime Minister;
d) the Attorney-General of the Republic.
Article 184
The composition. organisation and operation of
the Constitutional Council. and the procedures for
the oversight and control of the constitutionality
and legality of statutory acts, as well as the other
powers of the Constitutional Council, shall be fixed
by law.
CHAPTER 9 ,
LOCAL STATE BODIES
Article 185
1. Local state bodies shall have the function of
organising the participation of citizens in solving
problems of their communities and in promoting
local development.
2. The strengthening of local bodies shall serve to
strengthen democracy and shall contribute to national integration and unity.
Article 186
Article 189
The executive bodies shall be accountable to the
elective bodies.
Article 190
The organisation. powers and operation of local
state offices as well as the legal form their acts shall
take, shall be defined by law.
Article 191
The disqualification and resignation of members
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of elective bodies shall be regulated by law.
CHAPTER 10
INCOMPATIBILITIES
Article 192
1. No person may hold at the same time more than
one of the following positions: President of the
Republic, President of the Assembly of the Republic.
Prime Minister, President of the Supreme Court.
Deputy President of the Supreme Court. President
of the Constitutional Council, President of the Administrative Court. Attorney General of the
Republic, Deputy Attorney-General of the Republic.
Provincial Governor. Secretary of State.
2. The position of member of Government
(Cabinet) shall also be incompatible with the posts
named above. except those of President of the
Republic and Prime Minister, since these are themselves members of Government.
3. The law shall establish other incompatibilities.
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1. Local state offices shall consist of elected bodies
and executive bodies.
2. The elected bodies shall consist of citizens
elected by the voters in a particular territorial area.
3. The executive bodies shall be appointed according to the law.
PART 4
SYMBOLS, CURRENCY AND CAPITAL
OF THE REPUBLIC
Article 187
The national flag shall have five colours: red.
green, black, gold and white.
The significance of the colours shall be as follows
red - the centuries of resistance to colonialism.
the armed national liberation struggle, and the
defence of sovereignty:
green - the riches of the soil:
black - the African continent:
gold - the riches of the subsoil:
white - the justice of the struggle of t he M04;1111.
bican people, and peace.
From top to bottom. there shall be green. black
and gold horizontal stripes, separated by strips of
while. On the left side, there shall be a red triangle.
in the centre of which there shall be a gold stai
Above this there shall be a crossed hoe and gun.
superimposed upon a book.
The decisions of elected bodies shall be binding
within their area of jurisdiction. They may set up
commissions necessary for carrying out their
duties. and may delegate specific duties to individual members.
Article 188
The executive bodies shall, in their respective
territories, ensure that economic, cultural and social programmes and obligations of local interest are
carried out, in accordance with the Constitution
and the decisions of the Assembly of :.he Republic.
the Council of Ministers. and State bodies of corresponding or superior authority.
SUPPLEMENT to Mozornhitinefile no 174
Article 193
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l'he star shall symbolise the spirit of international
solidarity of the Mozambican people.
The book. hoe and gun shall symbolise study.
production and defence.
Article 194
The emblem of the Republic of Mozambique shall
contain as its central elements a book, a gun and a
hoe, superimposed on a map of Mozambique, and
representing, respectively, education, defence and
vigilance, and the peasantry and agricultural
production.
Below the map the ocean shall be represented.
In the centre shall be the rising sun, symbol of the
building of a new life.
Enclosing all this shall be a toothed wheel, symbolising the working class and industry.
Surrounding the toothed wheel there shall be, to
the right and left respectively, an ear of maize and
a piece of sugar cane, symbolising agricultural
wealth.
At the bottom there shall be a red strip with the
inscription "Republic of Mozambique".
Article 195
The words and the music of the national anthem
shall be established by law.
Article 196
The national currency shall be the metical.
Article 197
The capital of the Republic of Mozambique shall
be the city of Maputo.
PART 5
AMENDING THE CONSTITUTION
Article 198
1. Initiatives to amend the Constitution may be
proposed by the President of the Republic. or by at
least one third of the deputies to the Assembly of
the Republic.
2. Draft amendments must be submitted to the
Assembly of the Republic 90 days before the opening of debate.
Article 199
1. If a draft amendment implies fundamental
changes in the rights of citizens or in the organisation of public powers. the proposal, after adoption
by the Assembly of the Republic. shall be submitted
to :public debate and to a referendum.
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2. The results of the referendum and the approved
constitutional text shall be adopted by the Asseml- •
of the Republic in the form of a constitutional law.
and shall be published by order of the President of
the Republic.
3. In other cases, amendments to the constitution
shall be adopted by a two thirds majority of the
deputies of the Assembly of the Republic.
PART 6
CONCLUDING AND TRANSITIONAL
PROVISIONS
Article 200
The Constitution shall take precedence over all
other law.
Article 201
In the Republic of Mozambique, law may only he
retroactive when this is to the benefit of citizens arid
other legal persons.
Article 202
Until the Constitutional Council has been est ;1:,
lishcd, its powers shall be exercised by the Sup: !r
Court.
Article 203
Insofar as they are not contrary to the Constit:ition, previous laws shall remain in force until
modified or repealed.
Article 204
1. Until general elections are held, the Presicleni
of the Republic of Mozambique shall be the Pre!,ident of the Frelirno Party.
2. The provisions of article 119 regarding tier
election of the President of the Republic shall co:; u•
into force with the holding of the next presid(::;Ii.11
elections.
Article 205
1. The deputies to the People's Assembly si,;111
retain their seats until general elections are 11,•1(1
pursuant to this constitution.
2. Deputies to the people's assemblies at o!1, -:
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territorial levels shall retain their seats mil it
elections are held under the electoral law.
Article 206
The constitution shall come into force WI
November 1990.
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