II. Constitutional framework 23. The Republic of Mozambique rests on the Constitution adopted by the Assembly of the Republic on 16 November 2004, and enacted on the same day by the president of the Republic. The Constitution came into force on the day after the results of the 2004 General Elections were validated in terms of Article 306 of the Constitution of the Republic of Mozambique (the Constitution or the CRM). 24. The current Constitution says Mozambique shall be a democratic State based on the rule of law and on “pluralism of expression, democratic political organization, and respect for and guarantee of fundamental rights and freedoms of Man.”2 25. In its preamble, the CRM mentions respect for human rights by stating in paragraph 4 that “The present Constitution reaffirms, develops and deepens the fundamental principles of the Mozambican State, and enshrines the sovereign nature of a democratic State based on the rule of law based on pluralism of expression, partisan organisation and on respect for and the guarantee of fundamental rights of citizens.” 26. Mozambique’s Constitution includes under Chapter III, which is the longest of the Constitution, a wide range of rights, duties, freedoms and fundamental guarantees. These are in line with international principles forming part of various human rights treaties to which Mozambique is a party, including the African Charter on Human and Peoples’ Rights. A large number of rights enshrined in the African Charter are provided under the Mozambique Constitution. 27. Moreover, it is worth mentioning that under Article 43 of the CRM, 3 the constitutional and legal provisions relating to fundamental rights have been interpreted and incorporated into Mozambique’s juridical order, pursuant to the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights. 4 I I I. Political, Administrative and Judicial Structure 28. A presidential system of government is in force in the Republic of Mozambique. Article 134 of the CRM provides for separate but interdependent powers5 whereby allegiance is owed to the Constitution and the law. The exercise of political power is guaranteed by five (5) sovereign bodies, namely: the President of the Republic; the Assembly of the Republic (Parliament); the Government; the Courts and the Constitutional Council.6 29. The separation of powers system is enshrined in the Constitution which establishes the mechanism under which powers relate to one another so as to ensure good governance in a context of transparency and impartiality. 2 CRM, Article 3. The African Union Charter shall be perceived as the African Charter on Human and Peoples’ Rights. 4 Although in this article the CRM the African Union Charter is perceived as the African Charter 5 Executive, legislative and judicial. 6 CRM, Article 133. 3 Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010 8