Mozambicans to have a better view of their country and its cultural values.
Similarly, the government has taken measures to preserve and develop historic
sites and monuments. Recently, the government approved a Monuments Policy
(Ministers Council Resolution № 12/2010) and a Museums Policy (Ministers
Council Resolution № 11/2010 of 2 June).
255.A number of bills were approved between 2000 and 2004 with a view to
developing the cultural industry. Decree № 25/2002 of 22 October transformed
the Cultural Heritage Archives (ARPAC) into a Social and Cultural Research
Institute. A major challenge is how to guarantee the protection and promotion of
the Mozambique’s various forms of cultural expression.
Article 18: The Right to Establish a Family
256. In terms of the Charter, the family shall be the natural unit and basis of society.
It shall be protected by the State which shall take care of its existence, ensure the
elimination of all forms of discrimination against women and the protection of
the rights of the woman and the child as stipulated in international declarations
and conventions. The aged and the disabled shall also have the right to special
protection measures in keeping with their physical or moral needs.
257.Article 119 of the CRM deals specifically with the right to establish a family: “ 1.
Family is the fundamental link and the basis of every society; 2. In terms of the
law, the State shall acknowledge and protect marriage as an institution that
guarantees the continuation of family goals; 3. The State shall, within the
framework of the development of social relations based on respect of the human
person, enshrine the principle according to which marriage shall rest on mutual
consent; 4. The law shall lay down the means of enhancing traditional and
religious marriages, define marriage registration requirements and set out the
consequences of marriage.”
258.This right is implicit in the chapter dealing with the acquisition of citizenship by
marriage as provided in Article 26 of the CRM: “1. A foreigner shall acquire
Mozambique citizenship if he or she has been married to a Mozambican for at
least five years.”
259.Family Law № 10/2004 was approved in 2004 with a view to harmonizing the
family law in force in the country with the Constitution and other international
legal instruments, thereby eliminating any provisions permitting inequalities in
family relations.
260.Article 1 of the Family Law says “family shall be the basis of society and the
factor contributing to the socialization of the human person. The right of
everyone to be part of a family and to establish a family shall be recognized”.
261.In terms of Article 7 of the CRM “marriage shall be a voluntary and singular
union of one man and one woman for the purpose of establishing a family and
living in perfect communion”. At the onset, it can be discerned that only
monogamous marriages between people of different sexes shall be recognized.
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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