every stakeholder workshop held during the Country Review Mission (CRM),
there were complaints that the government was intolerant of criticism, and
that civil society organisations (CSOs) specialising in human rights and prodemocracy advocacy were usually classified together with political opposition
to the government, which limits their capacity to partner with public institutions. Nevertheless, CSOs have been active in promoting the rights enshrined
in the Constitution and many ministries have started to partner with them with
a view to enhancing service delivery.
207.
Although the government has been trying to actualise the right to health for
all Mozambicans, the national health system is very weak. The public health
sector covers only about half of the population and the ratio of health workers
to the population is the worst in the world, at one medical doctor to every 30
000 inhabitants. Commendably, school fees have been abolished at primary
school level, which has led to enrolment more than doubling between 1997
and 2006. However, many children are unable to attend school and the dropout rate is quite high. The government is making a serious effort to raise standards by addressing problems of overcrowding, poor infrastructure, training of
teachers, and lack of water and sanitation in schools.
208.
Despite government efforts to meet guarantees of civil, political, economic,
social and cultural rights, there is a gap between the constitutional provisions
and the actual rights enjoyed by Mozambicans. In reality, these rights are
constrained by practical challenges, such as a low level of literacy, a lack of
awareness of their rights by a majority of the population, and the inadequacy
of facilities to access. Access to justice, in particular, is undermined by a weak
judicial system, a poorly resourced police force that lacks adequate capacity to
investigate crime and corruption, and delays in the administration of justice.
209.
The Constitution stipulates that judges shall be independent, impartial and
objective. The appointment of judges is the subject of much contention, as it
is party based. Moreover, the repeated nomination of the current President of
the Supreme Court to office since 1988 has evoked strong disapproval from opposition political parties, who believe he is politically inclined towards the ruling party. Although it is reported that government officials have been exerting
pressure on judges to influence their decisions, the Judiciary has been striving
to guard its independence jealously from interference by the Executive.
210.
The Parliament is separate from, and formally autonomous of, the Executive
arm of government. Besides legislation, Parliament is empowered to ratify
or abrogate treaties; propose the holding of referenda on matters of national
interest; endorse the declaration of a state of emergency; ratify the appointment of the Presidents of the Supreme Court, the Constitutional Council and
the Administrative Court respectively, as well as the Vice-President of the Supreme Court. Notwithstanding these powers, Parliament is unable to realise its
89