Constitution is the inclusion of clauses that are non-enforceable but appear to be statements instead. For example, Article 123(1) expresses appreciation for the role of the youth in the national liberation struggle. This particular clause touches on the sensitive issue of children in armed conflict, as regulated by the Optional Protocol to the Convention on the Rights of the Child. Rule of Law 275. The Constitution also guarantees the rule of law through the consecration of the principle of legality in public administration performance, citizens’ prerogative to resort to courts if their legally protected rights or interests are violated, and a series of institutions for guaranteeing those rights, namely, the courts, the Public Prosecution Service, the Ombudsman, the Constitutional Council, and the Petition Commission of the General Assembly. It is also the function of the courts to guarantee the rule of law as an instrument of legal stability. 276. From a theoretical perspective, Mozambique appears to have the legal framework in place to make the rule of law operative. A firm commitment to the rule of law was displayed during interviews with government officials and members of the Judiciary in Maputo. From a practical perspective, however, there are many problems. Constitutionally protected rights are not enforced and the institutions designed to protect the rule of law either do not function or their functions are severely curtailed. 277. This is, among other things, due to: • Inadequate functioning of the courts and the justice sector in general, thus limiting access to justice and the possibility of a fair trial; • Ineffective functioning of the Petition and Inquiry Commissions in the Gen eral Assembly; • Limitations of the Administrative Court, both in terms of its location and expansion throughout the country, as it is still confined to the capital city and is little used by citizens, who often do not even know of its existence and role; • The Constitutional Council being almost fully unknown and there being no tradition of constitutional litigation; • The fact that the Ombudsman is a recent creation and is not yet opera tional; • Widespread corruption; and, • A lack of distinction between the state/government/party in the eyes of not only certain politicians and government officials, but also the general public. 278. The Constitutional Council has the potential to play an important role in restoring confidence in both the government and the Judiciary. In terms of the Constitution, it has the power to pronounce upon the constitutionality of laws 110 A P R M COU N T RY R EV IEW R EP ORT NO. 11