terms of Article 1 of the CRM, “The Republic of Mozambique is an independent,
sovereign, democratic State based on social justice”.
335.In dealing with sovereignty, Article 2 of the CRM stipulates the following: “1.
Sovereignty shall be vested in the people. 2. The Mozambican people shall
exercise their sovereignty as provided for in the CRM. 3. The State shall be
subordinate to the Constitution and rest on legality. 4. The Constitutional norms
shall prevail over all other juridical norms.”.
336.With regard to the right to assistance in the struggle for national liberation,
Article 17 of the CRM, dealing with international relations, states the following:
“1. The Republic of Mozambique shall establish friendly relations and
cooperation with other States on the basis of mutual respect for sovereignty and
territorial integrity, equality, non-interference in domestic affairs, and reciprocal
benefits. 2. The Republic of Mozambique shall accept, observe and apply the
principles of the Charter of the Organization of the United Nations and the
Charter of the African Union.” Articles 19 and 20 of the CRM strengthen this
principle of international solidarity by providing that: “1. The Republic of
Mozambique shall show solidarity with the struggles of African States for unity,
freedom, dignity and the right to economic and social progress. 2. The Republic
of Mozambique shall endeavor to strengthen relations with countries committed
to strengthening national independence, democracy and regaining control and
use of natural resources for the benefit of the respective peoples. 3. The Republic
of Mozambique shall join all States in the struggle for the establishment of a just
and equitable economic order in international relations” (Article 19); and “1.
The Republic of Mozambique shall support and show solidarity with the struggle
of the peoples for national liberation and democracy. 2. The Republic of
Mozambique shall grant asylum to foreigners who are persecuted because of
their struggle for national liberation, democracy, peace and for defending
human rights” (Article 20).
337.Mozambique, which has been independent for 37 years following a heroic
resistance struggle against colonialism, cherishes the struggle of its people. Thus,
in terms of Article 14 of the CRM, “The Republic of Mozambique cherishes the
heroic struggle and the centuries old resistance of the Mozambican people
against foreign domination”. The enhancement, protection and treatment
accorded to Mozambican citizens are principles enshrined in Articles 15 and 16
of the CRM: “ 1. The Republic of Mozambique shall recognize and uphold the
hardships endured by those who dedicate their lives to the national liberation
struggle and the defense of sovereignty and democracy. 2. The State shall ensure
special protection to those who acquired disabilities during the national
liberation struggle, as well as the orphans and dependents of those who died for
the national cause. 3. The law shall stipulate how the terms set in this Article are
to take effect.” (Article 15); and “1. The State shall ensure special protection to
those who acquired disabilities during the armed conflict which came to an end
with the signing of the 1992 General Peace Accord, as well as the orphans and
other direct dependents. 2. The State shall also protect those who acquired
disabilities while discharging their duties in the public service or in relief
missions”.
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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