PART II
Level of Implementation of the Rights Enshrined in Articles 2-26 of the African
Charter on Human and Peoples’ Rights (the Charter)
46. The Charter includes a set of fundamental rights which are universally recognized.
In this context, the Charter is an international juridical instrument which has been
ratified by Member States. As parties to the Charter, Member States have
undertaken to always adhere to the principles and norms enshrined in the African
Charter and ensure that they are thoroughly and effectively applied.
47. As mentioned in the Introduction, this Part of the Report shall deal with the
relevant provisions related to the implementation of the rights enshrined in the
Charter, notably the level of implementation of the Charter between 1994 and
2010. It is worth stressing that in defining its policies, the Government of the
Republic of Mozambique has treated the promotion and protection of human rights
as a priority. Thus, the principles and norms enshrined in the various international
juridical instruments that Mozambique has ratified have been incorporated into the
country’s laws and the various government programs, namely the Government’s
Five-year Program (PQG), the Poverty Reduction Action Plan (PARP), and the
Integrated Strategic Plan for the Justice Administration System (PEI), among
others.
A.
The African Charter’s governing principles
Articles 2 and 3: Principle of Universality and Equality
48. In terms of the Charter, the principle of universality and equality implies the
recognition of the rights enshrined thereto, without discrimination based on race,
colour, sex, language, religion, political opinion, and national or social origin.
49. In the Republic of Mozambique, this principle is clearly stated in Article 35 of the
CRM , according to which: “All citizens shall be equal before the law. They shall
enjoy the same rights, and shall be subject to the same duties regardless of color,
race, sex, ethnic origin, place of birth, religion, educational level, social standing,
the legal status of their parents, occupation or political persuasion.”
50. Under Article 36, “men and women shall be equal before the law in every aspect
of political, economic, social and cultural life”.
51. In Mozambique, most of the government’s mechanisms geared towards human
development are guided by the principles of universality, equality and legality,
among others. For instance, the government’s five-year plans, which fit into this
reporting period, state as a priority the political will to coordinate, ensure and
encourage a gender-based approach to defining, planning and implementing
sectoral development programs, and endeavoring to put into practice gender issues
undertaken by the government. Similarly, PARP includes short- and medium-term
government guidelines.
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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