programs agreed upon between the government and the mechanisms. CSOs have
been consulted during meetings open to individuals and organizations.
159. The framework within which CSOs operate has been under review with a view
to facilitating the registration and operation of organizations still faced with
bureaucratic constraints.
160. Disruption of public order and any demonstrations which disregard the law,
crimes against the security of the State (Article 175 of the Criminal Code) and
preparations thereof (Article 172 of the Criminal Code) are punishable by law.
Offenses subject to penalty in terms of Articles 177, 178, 179 and 180 of the
Criminal Code include Illegal Meetings, Armed Meetings, Sedition and Rioting
161. Article 71 (9) of the Criminal Code specifically refers to security measures
applicable to anyone sentenced for being part of a criminal association (Article
263 of the Criminal Code), a gang or mob, unauthorized associations (Article 282
of the Criminal Code), and Secret Associations (Article 283 of the Criminal Code).
162. Laws № 8/91 and № 9/91 of 18 July deal with the requirements for meeting,
assembly or demonstration. Law № 8/91, also known as the Assembly Law, lays
down the requirements for establishing national NGOs.
163. Associations shall be recognized either by the government or a provincial
representative, and their statutes published in the Republic Gazette [Boletim da
República].
Article 12: The Right to Freedom of Movement
164. In terms of the Charter, the right to freedom of movement literally means that
every individual shall have the right to freedom of movement and residence of his
choice within the borders of a State. It also means that a non-national legally
admitted in a territory of a State party may only be expelled from it by virtue of a
decision taken in accordance with the law.
165. In the Republic of Mozambique, this right is enshrined in Article 55 of the
CRM, which says: “1. Every citizen shall have the right to fix his residence in any
part of the country. 2. Every citizen shall be free to move within and outside the
country, except those legally deprived of such right”.
166. It is important to mention in this Report the right of asylum that Mozambique
accords to citizens of other countries and the constraints that it entails, bearing in
mind that each State must comply with international obligations within the
framework of shared responsibilities in providing assistance and protection to
citizens seeking asylum.
167. Article 20 (2) of the Constitution says: “(...) 2. The Republic of Mozambique
shall grant asylum to foreigners who are persecuted because of their struggle for
national liberation, democracy, peace and human rights”. The relevant regional
and international instruments ratified by the Republic of Mozambique provide a
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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