FINAL
III.
FACTORS RESTRICTING THE ENJOYMENT
OF
THE RIGHTS
GUARANTEED IN THE AFRICAN CHARTER ON HUMAN AND PEOPLES’
RIGHTS
37.
Shortly after Mozambique attained its independence in 1975, the country plunged
into and endured a protracted sixteen (16) year civil war between the Front for the
Liberation of Mozambique (Frelimo) and the Mozambique National Resistance
movement (Renamo). The conflict resulted in the loss of lives, damage to
infrastructure, and displacement of Mozambican refugees who sought asylum in
neighbouring countries. While the conflict came to an end after the signing of the
General Peace Accord in Rome in 1992, recovering from the effects of war affected
enjoyment of the rights enshrined in the African Charter.
38.
Since the end of the civil war and following the signing of the Peace Accord,
Mozambique has enjoyed relative political stability and significant economic
growth. However, during the run up to the national and presidential elections in
October 2014, there was renewed conflict between government forces and the
revived Renamo rebel movement, which had the potential to destabilize the
country and restrict enjoyment of the rights guaranteed in the African Charter.
IV.
AREAS OF CONCERN
While acknowledging the significant efforts made by the Government of Mozambique to
promote and protect human rights, the Commission is however concerned about the
following:
39.
The non-ratification of a number of relevant regional and international human
rights instruments, namely:
-
The African Charter on Democracy, Elections and Governance;
The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa;
The International Covenant on Economic, Social and Cultural Rights;
The Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights; and
The Rome Statute of the International Criminal Court.
40.
Failure by Mozambique to make the declaration under Article 34(6) of the Protocol
on the African Court, accepting the competence of the Court to receive cases from
individuals and non-governmental organizations (NGOs);
41.
The delay in reviewing and enacting the following legislation:
6