Mozambique

Mozambique

Right	Section	Contents
Freedom of Association	History	After its independence from Portugal in 1975, the People’s Republic of Mozambique established a socialist state with a constitution that protected freedom of association in its first constitution under Article 27 (Mozambique 1990. 9). In 1990 a new constitution was put into place that reformed the country into its present form, with Article 34 ensuring freedom of association to all (“Constitution of the People’s Republic of Mozambique” 17) “The Constitution of the People’s Republic of Mozambique.” 2023. Mozambique History. https://mozambiquehistory.net/justice/constitution/19800000_english_constitution.pdf. Mozambique “Constitution of Mozambique” 1990
Freedom of Expression	History	Article 27 of the 1975 Constitution of Mozambique, adopted the year after its independence from Portugal, realizes the right to freedom of opinion, and Article 40 Section H sanctions the suspension of the right if necessary during a state of siege or emergency. The 1990 Constitution specifically mentions freedom of expression in Article 74 and amends the limitation clause to have the right regulated “based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.” The 1990 Constitution keeps the same language of freedom of expression, but Articles 286 and 287 detailing the rights limited during a state of emergency does not mention freedom of expression. References: Constitution of the People’s Republic of Mozambique, 1975. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0011&i=1 Constitution of Mozambique, 1990. AIM (1991). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0006&i=1
Freedom of Religion	History	Freedom of religion was first noted in Article 33 of Mozambique’s 1975 constitution which stated that “[i]n the People’s Republic of Mozambique the State guarantees the freedom of citizens to practice or not to practice a religion” (Hein Online). The current Constitution of the Republic of Mozambique was ratified on December 21, 2004. Articles 12.3, 12.4, 35, 39, 54, 71.1, 251, and 286 grant religious freedom, equality, and prohibit discrimination. Articles 12.2 and 292.1(c) create a separation between religion and the state. Article 54 of Mozambique’s constitution states that “[a]ll citizens shall have the freedom to practice or not to practice a religion. Nobody shall be discriminated against… or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice” (constituteproject.org). "Section II: Fundamental Rights and Duties of Citizens ." Official English Translation, The Constitution of the People's Republic of Mozambique, 1975, pp. 5-6. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmz0011&i=6. “Mozambique 2004 (Rev. 2007) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mozambique_2007.
Freedom of the Press	History	Mozambique guaranteed press freedom in Article 74 of its 1990 Constitution: “All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information” (World Bank, “The Constitution of the Republic of Mozambique, 1990” ). Today, this clause is found in Article 48 of Mozambique’s 2004 Constitution (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007” ).
Privacy Rights	History	The 1975 constitution of Mozambique granted “All citizens … the right to their honor, good name and reputation, as well as the right to privacy and to defend their public image” (RefWorld, “Constitution of the Republic of Mozambique”). This is echoed in Article 41 of the 2004 constitution (Constitute Project, “Mozambique 2004 rev. 2007” ). https://www.refworld.org/docid/3ae6b4f40.html https://www.constituteproject.org/constitution/Mozambique_ 2007? lang=en
Voting Rights and Suffrage	History	Under Article 73, citizens of Mozambique are granted the right of universal, direct, and equal suffrage by secret ballot. Citizens of Mozambique can vote once they are 18 years old. (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007” ).