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Mozambique - Twelfth Periodic Reports of States Parties due in 2006 (Addendum) - Reports submitted by States Parties under Article 9 of the Convention [2007] UNCERDSPR 2; CERD/C/MOZ/12 (10 April 2007)

COMMITTEE ON THE ELIMINATION

OF RACIAL DISCRIMINATION

REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9
OF THE CONVENTION

Twelfth periodic reports of States parties due in 2006
Addendum

MOZAMBIQUE [*] [**]

[Original: Portuguese]

[3 July 2006]

CONTENTS

Paragraphs Page

Introduction 1 - 4 5

PART I

I. GENERAL INFORMATION 5 - 32 5

A. Geographical situation 5 - 6 5

B. Historical background and main political developments 7 - 24 5

C. Demographic composition 25 - 26 9

D. Culture and religion 27 - 32 10

II. CONSTITUTIONAL PROVISIONS AGAINST RACIAL

DISCRIMINATION 33 - 47 11

III. NATIONAL MEASURES TO COMBAT RACIAL

DISCRIMINATION 48 - 99 14

A. Political measures 49 - 66 14

B. Legislative measures 67 - 78 17

C. Measures taken by the local authorities 79 - 82 20

D. Legal status of foreign citizens in Mozambique 83 - 91 21

E. Foreign citizens’ entry into, departure from and

residence in Mozambique 92 - 93 22

F. Foreign citizens who acquired citizenship through

naturalization 94 - 96 33

G. Measures taken by civil society 97 - 99 33

IV. INCIDENTS OF RACIAL DISCRIMINATION 100 - 104 34

CONTENTS (continued)

Paragraphs Page

PART II

INFORMATION ON ARTICLES 2 TO 7 OF THE CONVENTION 105 - 126 34

I. Article 2: Adoption of policies to combat racism 107 35

II. Article 3: Racial segregation 108 35

III. Article 4: Combating racist organizations 109 35

IV. Article 5: Equality before the courts 110 - 112 35

V. Article 6: Effective compensation for damages 113 - 114 36

VI. Article 7: Education and information 115 - 119 36

VII. Conclusion 120 - 126 37

Statistical tables

Table 1. Repatriation to Mozambique, 1992-1994

Table 2. Ethnic composition of the Assembly of the Republic

Table 3. Estimated population, 2006

Table 4. Teaching of local languages in 23 primary schools

Table 5. Most widely spoken local languages in Mozambique

Table 6. Statistical data on asylum-seekers and refugees registered by the National Refugee Support Institute from 1995 to 2004

Table 7. Number of approvals of refugee status from 1995 to 2004

Table 8. Movement of travellers, by country of habitual residence and reason for travel,

in 2003

Table 9. Movement of travellers, by country of habitual residence and by sex, in 2003

Table 10. Statistical data on migratory movements

Table 11. Entry and exit of travellers through border-crossing posts, 2003

Table 12. Entry and exit of travellers by principal countries of habitual residence, 2003

Table 13. Entry and exit of tourists through the principal border-crossing posts, 2003

Table 14. Entry and exit of travellers through border-crossing posts, 2004

Table 15. Entry and exit of tourists through border-crossing posts, 2004

Table 16. Entry and exit of tourists through border-crossing posts, 2002-2004

Table 17. Entry and exit of tourists through border-crossing posts, 2002-2004

Table 18 Entry and exit of travellers through border-crossing posts, 2002-2004

Table 19. Entry and exit of travellers by reason for travel

Table 20. Entry and exit of tourists through border-crossing posts, 2002-2004

Table 21. Statistical data on foreign citizens residing in Mozambique for reasons

of employment

Introduction

1. The present report of the Government of Mozambique covers the period from 1986 to 2004. It has been prepared in accordance with the obligation of States parties to the International Convention on the Elimination of All Forms of Racial Discrimination to submit periodic reports under article 9.

2. Part I of the report gives a summary of the country’s historical and political background and provides demographic information concerning the Mozambican population and its culture. It also provides information on national legislative measures to combat racism and xenophobia, on the legal status of foreign citizens in Mozambique, on the constitutional provisions guaranteeing equality, and on the overall situation with regard to racial discrimination.

3. Part II deals with articles 2 to 7 of the Convention and provides information on measures taken by the Government to implement its policy to combat racism, racial segregation and racist organizations and to ensure respect for the principle of equality before the courts, effective compensation for damages, and education and information.

4. Part III contains the conclusion and recommendations, including a brief assessment of Mozambique’s compliance with the Convention.

PART I
I. GENERAL INFORMATION

A. Geographical situation

5. Mozambique is situated on the South-East coast of Africa and has a total area of 799,380 square km. It is divided into 11 provinces, namely: Niassa, Cabo Delgado, Nampula, Zambézia, Tete, Manica, Sofala, Inhambane, Gaza, Maputo province and Maputo city. Maputo is the capital of Mozambique.

6. To the north, Mozambique borders on the United Republic of Tanzania; to the south it borders on South Africa (Natal province) and Swaziland, and to the west it borders on Malawi, Zambia, Zimbabwe and South Africa (Mpumalanga province). To the east, it borders the Indian Ocean. At the regional level, it is a member of the Southern African Development Community (SADC).

B. Historical background and main political developments

7. Mozambique was a Portuguese colony from 1498 to 1975. When the Portuguese arrived in 1498, there was a strong Arab influence along the coast and, in general, there was interaction with Asia.

8. At the Berlin Conference of 1884-1885, in which the main colonial Powers participated, Mozambique formally became a Portuguese colony.

9. During the period of colonial occupation, a system of racial exploitation and discrimination was institutionalized as part of the colonial Government’s policy. This situation led to discontent among Mozambicans. This, together with the need to achieve the country’s independence, gave rise to movements of resistance to foreign domination.

10. In 1962, the Mozambican Liberation Front (FRELIMO) was founded from the merger of three resistance movements to colonial occupation: the National African Union of Independent Mozambique (UNAMO), the National Democratic Union of Mozambique (UDENAMO) and the Mozambican African National Union (MANU); the first president of FRELIMO was Dr. Eduardo Mondlane. In 1964, FRELIMO began its armed struggle to free the country from the colonial yoke and eliminate all forms of racial and tribal discrimination.

11. FRELIMO took up the armed struggle after the attempts at dialogue with the colonial Power failed. The war of liberation lasted 10 years, culminating in the country’s independence on 25 June 1975 and the adoption of the Constitution of the People’s Republic of Mozambique, which entered into force on the same day.

12. Since the proclamation of national independence, the country has been led by Governments of the FRELIMO Party. Since it assumed leadership of the country, the party in power has tried to build a just society based on the democratic principles of the fundamental rights and duties of all citizens, irrespective of race, sex, ethnic origin, place of birth, religion, level of education, social position, profession or political preference.

13. As a result of the policy of inclusion and national unity and non-discrimination on ethnic, racial or tribal grounds, which was espoused by FRELIMO soon after it came to power, in spite of the population’s ethnic and cultural diversity there has always been a healthy and harmonious coexistence among the various ethnic groups.

14. The first President of independent Mozambique was Marshal Samora Machel, who died in a plane crash in Mbuzini, South Africa, on 19 October 1986.

15. On 30 November 1990, the Constitution of the Republic of Mozambique entered into force. The new Constitution was based on a revision of the 1975 Constitution. The aim of the revision was to improve the basic regulations on the functioning of a democratic State based on the rule of law in the context of a multi-party democracy.

16. On 4 October 1992, the General Peace Agreement was signed. This initiated a massive return of more than 1.7 million Mozambicans who had sought refuge in neighbouring countries: Malawi, South Africa, Swaziland, the United Republic of Tanzania and Zimbabwe. These, as well as another 3.8 million internally displaced persons, were resettled in their places of origin.

Table 1
Repatriation to Mozambique, 1992-1994

17. In the same year, the demobilization of the armies began and weapons were collected. Excombatants were assigned the task of rebuilding the country, and measures were taken to resettle and reintegrate displaced persons and refugees with a view to creating stable social conditions in rural areas, increasing economic activity and laying the groundwork for a longterm development strategy.

18. In October 1994, the first general and multi-party elections were held; the winner was Mr. Joaquim Chissano and the FRELIMO Party. The same year, the Government submitted its Five-Year Programme to the Assembly of the Republic. Apart from the main objectives of maintaining peace and promoting national reconciliation and reconstruction, a central objective of the Five-Year Programme was to stimulate the country’s economic and social development.

19. In December 1999, the second general and multi-party elections were held. President Joaquim Chissano again won the presidential election, and his term of office was renewed for a further five years and the FRELIMO Party was again proclaimed

victorious.

20. In December 2004, the third general elections were held in national territory and abroad. An important aspect of these elections was the fact that the legality of the electoral process was monitored by the Constitutional Council, a recently established body with the competence to rule, in last instance, on electoral complaints and validate and announce the results of the elections. In the 1994 and 1999 elections, that responsibility was exercised by the Supreme Court.

Table 2
Ethnic composition of the Assembly of the Republic

* Data from the book Eleições Gerais - 1999, published by STAE.

** In Boletim da República No. 3 Suplemento, I Série Deliberação do Conselho Constitucional No. 5/CC/2005 de 19 de Janeiro.

21. Thus, in accordance with the provisions of article 2 of the 1990 Constitution, in conjunction with article 6 (c) (2) of Act No. 9/2003 of 22 October 2003, the Constitutional Council approved the records of the national monitoring of the elections, and Mr. Amando Emílio Guebuza and the FRELIMO Party were declared the victors.

22. In 2005, a new Constitution of the Republic of Mozambique entered into force. The Constitution guarantees the continuity and improvement of democracy and the fundamental freedoms of all citizens, irrespective of race, sex, religious belief or ethnic group.^[1]

23. On 19 January 2005, the Constitutional Council proclaimed the validity of the results of the general, presidential and legislative elections, held on 1 and 2 December 2004, in its Decision No. 5/CC/2005, published in the Official Gazette, series I, No. 3. This decision was taken pursuant to article 306, which reads as follows:

“The Constitution shall enter into force on the day immediately following the day on which the results of the 2004 general election are validated and proclaimed.”

24. The FRELIMO Government has guaranteed the regular holding of both general and regional elections in accordance with the period established by the Constitution, and has consolidated and is strengthening democracy and respect for citizens’ right to participate in the election of their representatives through universal, direct, equal, secret and periodic universal suffrage.

C. Demographic composition

25. Demographic data indicate that Mozambique has a population of some 19,888,701 inhabitants.^[2] As mentioned above, Mozambique is divided into 11 provinces, namely: Niassa, Cabo Delgado, Nampula, Zambézia, Tete, Sofala, Manica, Gaza, Maputo province and Maputo city.

Table 3
Estimated population, 2006*

* Data provided by the National Statistics Institute.

26. The Mozambican population is predominantly rural and population density varies. Population density is greatest in Maputo city, with some 300 inhabitants per km², and lowest in Niassa province, with some 6 inhabitants per km². However, the country’s mean population density is 20 inhabitants per square km.

D. Culture and religion

27. In general, Mozambican culture is based on traditions and customs that originate in the traditional beliefs, practices and values of each area of the country and population group. In rural areas, most of the population embraces traditional beliefs, practices and worship.

28. Culture is a means of promoting patriotism and national unity. Songs, dances, poetry, sculpture, painting and other forms of cultural expression have always played a rather significant role in mobilizing Mozambican citizens in the struggle for dignity and the appreciation of Mozambican culture.

29. Culture has always been fully promoted through national, provincial and district festivals and literary competitions with a view to protecting and instilling respect for the vast and rich diversity of the national cultural mosaic. In this regard, Mozambique has approved the national cultural policy and legislation for promoting the material and immaterial values of Mozambican heritage with the standardization of the written form of national languages.

30. Since 2003, a pilot project has been under way to introduce local languages in the curricula of primary schools. In the initial phase, the project is being conducted in 23 schools, with an average of 2 schools in each province.

Table 4
Teaching of local languages in 23 primary schools*

* Data collected by the National Institute for the Development of Education (INDE).

Table 5
Most widely spoken local languages in Mozambique*

* Data collected by the National Statistics Institute.

31. With regard to religion, a considerable part of the population professes the Christian religion and has followed religious practices that result from contact with the outside world. Islam is another major religion, particularly in the north of the country and in the coastal area.

32. It should be pointed out that the Constitution guarantees the principle of a secular State in article 12, which provides for separation between the State and religious denominations. It further provides that religious denominations shall have organizational freedom, freedom to carry out their functions and freedom of worship, and that they shall conform to the laws of the State.

II. CONSTITUTIONAL PROVISIONS AGAINST RACIAL DISCRIMINATION

33. The revision of the Constitution that resulted in the current Constitution was begun in 1999. The new Constitution was adopted at the end of the mandate of the second legislature and entered into force on 15 January 2005, the date on which the results of the elections were validated and proclaimed.

34. The Constitution guarantees the principle of equality in a peremptory manner, in the following terms:

“Article 35.

All citizens are equal before the law, and they shall enjoy the same rights and be subject to the same duties, regardless of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, ... profession or political preference.”^[3]

35. Acts intended to undermine national unity, disturb social harmony, or create divisions or situations of privilege or discrimination based on colour, race or sex are punishable by law. This principle is contained in article 39 of the Constitution and applies to all citizens in the national territory.

36. The women’s emancipation movement has made steady progress in improving the status of women. Women are becoming increasingly active in political, economic and social life, particularly in executive and legislative bodies and in public administration.

37. For example, of the 250 deputies to the Assembly of the Republic, 78 are women, which corresponds to 31.2 per cent, a point of reference not only for Africa but for the world.

38. The Constitution of Mozambique upholds the principle of the dignity of women and their role in society, and provides as follows:

“Article 36.

Men and women shall be equal before the law in all spheres of political, economic, social and cultural life.”^[4]

39. In order to encourage respect for the activities of religious denominations in promoting a climate of understanding, tolerance, peace and strengthening national unity, the spiritual and material well-being of citizens and economic and social development, article 54 of the Constitution contains the following provisions:

“1. All citizens shall have the freedom to practice or not to practice a religion;

“2. No one shall be discriminated against, persecuted, harmed, deprived of his or her rights or benefit from or be exempt from duties on the grounds of his or her faith or religious persuasion or practice;

“3. Religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for carrying out their objectives;

“4. The protection of places of worship shall be ensured;

“5. The right to conscientious objection shall be guaranteed by law.”

40. In the field of freedom of association, article 52 of the Constitution states:

“1. All citizens shall enjoy freedom of association;

“2. Social organizations and associations shall have the right to pursue their aims, to create institutions designed to achieve their specific objectives and to own assets in order to carry out their activities, in accordance with the law;

“3. Armed associations of a military or paramilitary nature, as well as associations that promote violence, racism, xenophobia or pursue aims that are contrary to the law, shall be prohibited.”

41. Article 94 of the Constitution, which deals with culture, establishes the following:

“1. All citizens shall have the right to freedom of scientific, technical, literary and artistic creativity;

“2. The State shall protect rights relating to intellectual property, including copyright, and shall promote the practice and dissemination of literature and art.”

42. In accordance with the provisions of article 249, the new Constitution establishes the post of Ombudsman (Provedor de Justiça), who in the discharge of his functions serves the public interest in matters relating to citizens’ fundamental rights and freedoms.

43. The objective of establishing the post of Ombudsman was to ensure that offices and agents of the public administration obey the Constitution and the law and act with respect for the principles of equality, impartiality, ethics and justice.

44. In accordance with article 253 of the Constitution, citizens have the right to receive information from the competent services of the public administration, whenever they request it, concerning the progress of processes in which they have a direct interest in terms of the law. Article 253 guarantees interested citizens the right to judicial appeal against the illegality of administrative acts that endanger their rights.

45. Under the Constitution, all citizens have the right to access to the courts, and persons accused of a crime have the right to defence and to legal assistance and aid.

46. Article 70 of the Constitution states that every citizen shall have the right of recourse to the courts against acts that violate their rights and interests established in the Constitution and other legislation, referred to in article 69. Article 40 guarantees the right to life and excludes any application of the death penalty. Article 66 guarantees the right of habeas corpus.

47. The right to asylum is guaranteed in article 20 of the Constitution, which provides that the Republic of Mozambique shall grant asylum to foreigners persecuted on the grounds of their struggle for national liberation, democracy, peace and the protection of human rights. In this respect, article 20, paragraph 3, of the Constitution provides that the law shall define political refugee status.^[5]

III. NATIONAL MEASURES TO COMBAT RACIAL DISCRIMINATION

Measures taken by the Government

48. The Government of Mozambique has endeavoured to comply with its international commitments by adopting policies and legislative and administrative measures to ensure the effective enjoyment of fundamental rights and freedoms by citizens.

A. Political measures

49. In its Five-Year Plan for 1995-1999 concerning social justice, the Government programmed the following actions:

• Guarantee the effectiveness and efficiency of the administration of justice;

• Ensure the independence of the courts with respect to the legislature and the executive or any other forms of subordination, guaranteeing that courts are guided exclusively by the Constitution and other legislation;

• Promote the training of magistrates and justice officials in order to meet the needs of the administration of justice;

• Guarantee the functioning of the judicial inspection service;

• Consolidate and expand legal advisory services and assistance and legal aid for citizens of the most disadvantaged classes, giving priority to their defence in criminal proceedings;

• Create conditions that will enable the Order of Lawyers to function in Mozambique;

• Guarantee, in the field of public order, respect for human rights.

50. In its programme, the Government has established the following objectives and priorities:

• Reduction of the levels of absolute poverty, which will be pursued through measures in the field of education, health and rural development;

• Rapid and sustainable economic growth, focusing attention on the creation of an economic environment conducive to private sector activities;

• Economic development of the country, giving priority to rural areas and bearing in mind the need to reduce regional imbalances;

• Consolidation of national peace and unity, justice and democracy and patriotism as indispensable conditions for the country’s harmonious development.

51. In this context, the Government has established the following priority areas.

52. Respect for the human rights contained in the Universal Declaration of Human Rights, which has been assumed by the Government as one of the fundamental conditions for the maintenance of a climate of social and political harmony, indispensable conditions for the successful implementation of Mozambique’s development goals.

53. In this area, the Government pursued its efforts to consolidate the rule of law, introducing a fair and efficient justice system. Throughout history, young people have played an important role in the political, economic, social and cultural fields through their membership in youth associations, as a privileged form of young people’s participation in the search for solutions to problems of concern to society.

54. National unity, in the context of ethnic and cultural diversity, the diversity of traditions, religious denominations, gender and the plurality of ideas, has always been preserved, enabling every citizen to develop his or her talents, creativity and cultural awareness as ways of promoting freedom of expression, of democracy in the country and of our culture, which are crucial to the maintenance of a political and social climate conducive to harmonious social and economic development.

55. In this context, citizens’ participation in the socio-economic and political life of the country is considered crucial to the search for better solutions to the country’s problems and to the promotion of civil liberties. In this process, the fostering of a dialogue as the Government’s basic way of sounding out public opinion and finding the best ways of meeting populations’ needs, is of paramount importance.

56. The objective of reducing absolute poverty levels presupposes an emphasis on the provision of basic services to the most disadvantaged population groups. Consequently, the Government’s main action is being directed towards improving the living conditions of the majority of the population, which is composed of women. Thus, women are at the centre of attention, and efforts are being made to ensure that they enjoy equal opportunities and rights, to raise their level of education and to strengthen their role as educators of future generations and in shaping the personality of Mozambicans.

57. On the basis of the principle that knowledge is an indispensable means of raising people’s living standards, the Government is continuing to expand educational services and to improve their quality. The fostering of patriotism among Mozambicans, particularly young people, is one of the mainstays of government action.

58. The right to education is one of the fundamental rights of Mozambicans, which were won with national independence. It is in this context that Mozambique accepted the challenge of education for all. With the advent of peace in 1992, the achievements of the first years of independence were recovered and surpassed; that is, the school enrolment rate in the first grade of primary school rose to 100 per cent, and the illiteracy rate fell to around 50 per cent.

59. The network of secondary schools was expanded to all districts of the country. In 1975, higher education was available at only one university in the country’s capital, and the university had only five Mozambican teachers. Until 2003, there were about 2,000 Mozambican students and teachers in the public and private higher education network in seven of the country’s provinces.

60. In this area, the Government is advocating increased investment in education, with priority given to basic education and literacy. Thus, the continuous expansion of primary education will be complemented by literacy programmes, particularly for women and young men and women.

61. The Government still must take measures to train the workforce needed for the development of the national economy, through the reactivation of vocational training based on the country’s socio-economic reality and which takes account of the need to establish complementarity between rural and urban development and to integrate the vital sectors of our economy.

62. The life of citizens is one of their fundamental rights. Thus, the Government is committed to promoting health and preventing illness, thereby contributing to strengthening the production and productivity of the family sector, increasing its income, improving citizens’ living conditions and reducing levels of absolute poverty.

63. One of the Government’s priorities is to improve health care with a view to ensuring that the population receives more assistance. Until 2003, the health-care network was increased by 776 health units; there were nine rural hospitals and 776 primary health care units. As a result of these developments, today some 60 per cent of Mozambicans have access to health care.

64. The expansion of health services, water supply and sanitation will be continued, with priority being given to basic health-care services, intensifying preventive measures and focusing attention on transmittable and endemic diseases, particularly cholera and malaria and HIV/AIDS.

65. With regard to HIV/AIDS, measures have been taken to establish general principles to ensure that all workers and job applicants are not subjected to discrimination in the workplace. In this regard, appropriate measures must be taken to prevent exclusion, stigmatization and discrimination, as well as other measures for the social and emotional protection of persons living with HIV/AIDS, through education, information campaigns, awareness-raising and health care.

66. The objectives of economic development must be the eradication of poverty, reduction of imbalances between the country’s regions, and strengthening of the national entrepreneurial sector so that all Mozambicans can benefit from it.

B. Legislative measures

67. Legislation currently in force in Mozambique promotes racial equality. The following pieces of legislation are cited by way of examples.

68. Article 46 of the Labour Act provides as follows:

“All national or foreign workers, irrespective of sex, race, colour, religion, political or ideological conviction, ascendance or origin, have the right to receive a salary and to enjoy equal pay for equal work.”

69. While the Criminal Code of Mozambique does not define or punish the crime of racism, acts of racial discrimination that are subsumable under any crime defined in the law (bodily harm, rape and others) create criminal responsibility for the offender under the following articles of the Criminal Code:

“Article 27.

Criminal responsibility consists in the obligation to compensate for damages caused to the moral order of society, including the penalty established in the law and implemented by the competent court.”

“Article 52.

All persons who commit punishable acts have criminal responsibility, in the absence of any circumstance extenuating such responsibility, in accordance with the provisions of article 41 and subsequent articles, unless otherwise provided by law.”

70. In cases of civil liability for acts of racial discrimination, the Civil Code stipulates as follows:

“Article 483.

“1. Any person who, intentionally or through negligence, violates the right of another person or any legal provision intended to protect other people’s interests shall be obliged to compensate the injured party for the damages resulting from such violation.

“2. The obligation to provide compensation independently of guilt exists only in the cases specified by law.”

“Article 501.

The State and other public collective persons, when damages are caused to third parties by their bodies, agents or representatives in the exercise of private management activities, shall bear civil liability for such damages to the extent that the offending parties are responsible for the damages caused by their agents.”

71. Act No. 8/91 of 18 July 1991, which deals with freedom of assembly and association guaranteed by the Constitution of Mozambique, stipulates that the Government is responsible for recognizing associations and ensuring that their objectives are in conformity with the relevant constitutional principles.

72. In view of the complementary role played by foreign non-governmental organizations (NGOs) in Government initiatives and actions, it was deemed necessary to establish authorization criteria, the objectives to be achieved and the way in which foreign NGOs conduct their activities in Mozambique. Decree No. 55/98 of 13 October 1998 was adopted for this purpose.

73. With a view to prohibiting the promotion of discrimination in the conduct of their activities, associations must, in addition to the provisions of their statutes and other legislation, provide any information that competent official bodies request from them (Act No. 8/91).

74. Act No. 23/91 of 31 December 1991 gives workers the freedom to establish associations without any form of discrimination, with a view to promoting and protecting their social and professional interests. Freedom of professional association and trade unions is also a right contained in the Constitution and the Labour Act. Constituted associations must act in accordance with the constitutional principles relating to the country’s moral, public, economic and social order, and must not harm the rights of third parties.

75. With regard to the right of citizens to have recourse to the courts, Act No. 2/96 of 4 January 1996 provides for the right of all citizens to submit petitions, complaints and claims to the competent authority in order to demand the restoration of their violated rights or to protect the general interest.

76. In the area of tourism, Mozambique has many attractions, ranging from the richness of the coast and the beauty of its beaches to its diverse flora and fauna. These provide incentives for promoting and investing in tourism, which will contribute to the creation of new jobs, the construction of new hotels and tourist resorts and the revitalization of conservation areas, parks and reserves.

77. Recognizing the very dynamic nature of tourism and the need to amend current legislation, the Government adopted Act No. 4/2004 of 17 June 2004, article 16 of which provides as follows:

“2. In addition to the duties enumerated in the preceding paragraph, the providers of tourismrelated products and services must, in particular:

“(a) Perform services for which they were authorized, without discrimination on the grounds of nationality, social status, race, sex, ethnic origin, religion or political affiliation.”

78. In order to implement the right to asylum contained in the Constitution, Mozambique has ratified the principal international instruments relating to the right of refugees and has taken regulatory measures to ensure the social reintegration of refugees and displaced persons.

Table 6
Statistical data on asylum-seekers and refugees registered by
the National Refugee Support Institute from 1995 to 2004

Table 7
Number of approvals of refugee status
from 1995 to 2004

C. Measures taken by the local authorities

79. In the context of decentralization, local authorities organize the participation of the population in the solution of the community’s problems and promote local development through the deepening and consolidation of democracy, within the framework of national unity.

80. Local authority is vested in local autonomous entities (autarquias) made up of the municipalities and settlements. These have patrimonial and financial autonomy as well as the power to take measures to promote the principle of equality.

81. The local authorities are taking various measures, including measures to provide education and to combat absolute poverty, through the implementation of social integration projects in support of disadvantaged families, the construction of schools for children, the promotion of adult education, and vocational training. On this basis, article 118 of the Constitution of Mozambique recognizes the value of the local authority and provides as follows:

“1. The State shall recognize and esteem traditional authority that is legitimized by populations and is in conformity with customary law.

“2. The State shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural life of the country, in accordance with the law.”

82. The aforementioned provisions of the Constitution do not refer to the direct integration of international custom, which is explicitly designated as a source of international law in article 38 of the Statute of the International Court of Justice. The provision refers to the leadership capacity of traditional authorities, in accordance with the traditions and customs of the local population.

D. Legal status of foreign citizens in Mozambique

83. In order to define the legal framework relating to the management and implementation of migration and to reflect in the legal system the advances arising from international conventions, the Government approved Act No. 5/93 of 28 December 1993, which establishes the legal system governing foreign citizens with respect to their entry into, stay in and departure from the country, and to rights, duties and guarantees.

84. Article 4 of Act No. 5/93 stipulates the following general principle: “Foreign citizens who reside or are temporarily in the national territory shall enjoy the same rights and guarantees and be subject to the same duties as Mozambican citizens.” Foreigners do not have political rights or other rights that are expressly reserved by law for Mozambican citizens.

85. On the other hand, article 14 of the Civil Code provides that “foreigners shall have the same rights as [Mozambican] nationals with regard to the enjoyment of civil rights, except as otherwise provided for by law”.

86. Article 20 of Act No. 5/93 stipulates that authorization for residence shall be granted by the competent Government services to foreign citizens holding a residence visa for the exercise of professional activities.^[6]

87. As a general rule, foreigners may leave Mozambique on a voluntary basis. Exceptionally, departure may be prohibited when the competent authority receives official notification that the citizen in question is the subject of an arrest warrant or that his or her departure from the country has been prohibited.

88. Cases of forced departure occur when a foreign citizen is obliged to leave the country, for reasons of extradition or expulsion, in accordance with the relevant legislation.

89. Expulsion may be administrative or judicial (arts. 29 and 30). Administrative expulsion is applied, without prejudice to the provisions of international treaties or conventions, in the following cases:

(a) Illegal entry;

(b) Attempts against national security, public order or public morals;

(c) Involvement in the political life of the country without being duly authorized by the Government;

(d) Failure to abide by the Constitution and other national laws applicable to foreigners;

(e) Commission of acts that would have prevented entry into the country if the Mozambican authorities had had prior knowledge of such acts.

90. The measure of administrative expulsion may be subject to hierarchical appeal to the Council of Ministers or the Supreme Court. The migration services are entitled, whenever they become aware of an act that constitutes grounds for expulsion, to initiate the relevant proceedings within a period of eight days.

91. Judicial expulsion is applied additionally, without prejudice to the provisions of criminal legislation, in accordance with article 30 of Act No. 5/93, in the following cases:

(a) A foreign citizen who does reside in the country, who has been sentenced by a court for an intentional crime to punishment in excess of six months;

(b) A foreign citizen who has been residing in the country for less than five years and has been sentenced by a court for an intentional crime to punishment in excess of one year in prison;

(c) A foreign citizen who has been residing in the country for more than 5 years and less than 15 years and has been sentenced to punishment exceeding 2 years’ imprisonment;

(d) A foreign citizen who has been residing in the country for more than 15 years and has been sentenced to a serious punishment.

E. Foreign citizens’ entry into, departure from and residence in Mozambique

92. Foreign citizens’ entry into, departure from and residence in Mozambique are described in statistical data showing the number of migratory movements through the country’s border-crossing posts.

Table 8
Movement of travellers, by country of habitual residence
and reason for travel, in 2003^[7]

Table 9
Movement of travellers, by country of habitual residence
and by sex, in 2003^[8]

Table 10
Statistical data on migratory movements^[9]

Table 11
Entry and exit of travellers through border-crossing posts, 2003^[10]

Table 12
Entry and exit of travellers by principal countries of habitual residence, 2003^[11]

Table 13
Entry and exit of tourists through the principal border-crossing posts, 2003^[12]

Table 14
Entry and exit of travellers through border-crossing posts, 2004^[13]

Table 15
Entry and exit of tourists through border-crossing posts, 2004^[14]

Table 16
Entry and exit of tourists through border-crossing posts, 2002-2004^[15]

Table 17
Entry and exit of tourists through border-crossing posts, 2002-2004^[16]

Table 18
Entry and exit of travellers through border-crossing posts, 2002-2004