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Disarm RENAMO guards still keeping arms under mutually agreeable terms
[Office of the President; Ministry of National Defence (MDN); FRELIMO; RE
NAMO];
Establish modalities for attaining lasting and genuine reconciliation between FRELIMO and RENAMO, and put an end to discriminatory political,
economic and social policies [Office of the President; FRELIMO; RENAMO;
observers]; and
Separate party cells from public institutions in order to make the public
service neutral of political influences [Office of the President].
Objective 2: To promote constitutional democracy, including periodic
political competition and opportunity for political choice, the rule of law
and the supremacy of the Constitution
I. Summary of the CSAR
269.
Article 3 of the Constitution states that Mozambique is a state governed by the
rule of law, based on pluralism of expression and democratic political organisation and on the respect and guarantee of fundamental human rights and
freedoms. The Constitution is the supreme law of the land and prevails over
all other legal rules. The Constitution proceeds to guarantee a wide range of
fundamental rights, duties and freedoms. In turn, all citizens have the duty to
respect the constitutional order. The rule of law is further guaranteed through
the constitutional protection of just administrative action, the justifiability of
legally protected rights and a series of institutions namely the courts, the
Public Prosecution Service, the Ombudsman, the Constitutional Council, and
the Petition Commission of the Assembly of the Republic. Challenges to the
rule of law include inadequate functioning of the courts and the judicial sector, and ineffective functioning and limitations of the Petition Commission, the
Administrative Court, the Constitutional Council and the Ombudsman, which is
not yet fully operational. At grassroots level, this is experienced by the general
public through a loss of confidence, low capacity in service delivery, and corruption, among other things.
270.
As far as periodic political competition is concerned, the CSAR states that the
Constitution guarantees a system of universal adult suffrage through an electoral system that provides for direct, equal and secret ballot, which enables
citizens to elect their leaders freely through the political parties. It also guarantees freedom of association and the right to campaign for electoral purposes.
However, there are challenges to the practice of constitutional democracy,
such as the persistence of practices carried over from the one-party period
that are incompatible with multiparty democracy. Furthermore, the CNE and
the Technical Secretariat for the Electoral Administration (STAE) are composed
in a partisan way, which affects the way in which they hold elections.
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A P R M COU N T RY R EV IEW R EP ORT NO. 11