II. Findings of the CRM Promoting Constitutional Democracy and Supremacy of the Constitution 271. The Constitution is a modern one and provides for a constitutional democracy. As stated in the CSAR, the Constitution is the supreme law of the land, and both the state and the law are subordinate to it. The Constitution contains detailed provisions on nationality and fundamental rights, duties and freedoms. Equality before the law is guaranteed. Constitutionally protected fundamental rights are to be interpreted in harmony with the Universal Declaration of Human Rights (UDHR) and the ACHPR. This is in line with Mozambique’s adherence to international codes and standards. The first five chapters of the Constitution cover the full spectrum of internationally accepted rights, namely, civil, political, economic, social and cultural rights. 272. A notable exception from constitutionally protected rights is the provision of preventative imprisonment. Although the period is fixed by law, the reasons for imprisonment must be provided promptly and the judicial decision by which imprisonment is ordered must be communicated promptly, as the concept of preventative detention violates internationally accepted human rights. The CRM was informed by a member of the Judiciary that, in several cases, timelines were not adhered to. A person must be brought before the court within 48 hours. This period is sometimes extended up to five days, depending on the availability of resources. This is due to technicalities and lack of material resources to conduct investigations. Sometimes the police or the citizens are unaware that they can resort to the law of Habeas Corpus. 273. Articles 73 and 74 enshrine the principle of universal suffrage and of political parties as the way in which to manifest political pluralism. Linked to these principles, the Constitution recognises a series of rights (e.g. the right of the creation of, and adhesion to, social organisations; the right to petition, complain and claim the right to resist; and the right of the population to take action). Duties, as opposed to rights, also enjoy emphasis in the Constitution. Article 38(1) states that: “All citizens shall have the duty to respect the constitutional order” and “Acts contrary to the provisions of the Constitution shall be subject to punishment in terms of the law”. 274. Economic, social and cultural rights and duties are detailed in Chapter V of the Constitution. However, Mozambique’s commitment to these rights is not underscored by being a party to the ICESCR. While this covenant provides for the progressive implementation of rights, an inability to provide for immediate and full enforcement should not be regarded as an impediment to ratification or accession. A clause in Articles 88 and 113, which appears confusing, is the right and duty of all citizens to education, specifically if viewed against the background that education is not compulsory. Another peculiar feature of the 109