30. The (5) sovereignty bodies which command State power in Mozambique are
responsible for protecting human rights within the framework of the respective
spheres of competence. The president of the Republic shall be the nation’s
Supreme Magistrate, who, in this capacity, shall guarantee the constitutional order,
and may ask the Constitutional Council for its views on the constitutional legality
of bills referred to him by other sovereignty bodies (Assembly of the Republic and
Government) in order to make a decision which could include the enactment,
referral for harmonization or vetoing of such bills.
31. Article 150(2) of the CRM says the president-elect of the Republic shall take the
following oath: “I do swear on my honor that I shall faithfully carry out the task
of President of the Republic of Mozambique, that I shall dedicate all my efforts to
the defense, promotion and strengthening of national unity, human rights,
democracy and the well-being of the Mozambican people, and do justice to all
citizens.”
32. The Assembly of the Republic shall be the legislative body par excellence, its sole
function being to legislate and oversee the actions of the executive branch on
behalf of the people. The Parliament’s operating structures include working
committees, the one responsible for the indirect control of constitutional matters as
a preventative measure being the Constitutional, Human Rights and Legal Affairs
Committee. The duties of this Committee shall include the promotion and
protection of human rights. Citizens shall petition the Committee if their
fundamental rights have been violated. The government shall be responsible for
formulating and implementing policies related to the various fields of the
executive branch, which contribute to the well-being of citizens and to the
promotion and protection of human rights. The Courts shall be responsible for
administering justice within the context of a State based on the rule of law,
upholding the interests of citizens in accordance with the law, exacting exemplary
penalties on any violation of the law, and mediating disputes between private
and/or public entities. The Constitutional Council shall be specifically responsible
for directly overseeing the constitutionality of laws and norms adopted by other
State institutions.
33. Mozambique shall be a secular State resting on the principle that the State and
churches are separate. Nonetheless, the various religions are free to conduct their
activities. The State shall recognize and enhance these denominations, and
promote tolerance.
34. A civil law legal system in force in Mozambique. It is a legacy from Portuguese
Law, which is influenced by Romano-Germanic Law. In addition to the
Constitution, Mozambique’s legal system is influenced by a number of Codes,
namely: Civil Code, Commercial Code, Criminal Code, Code of Civil Procedure,
Code of Criminal Procedure, Code of Labour Procedure and other relevant laws.
35. Mozambique is a multi-juridical State where formal conflict resolution
mechanisms operate alongside customary mechanisms as long as these do not
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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