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TITLE:  MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1993                           
DATE:  JANUARY 31, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE

                       MOZAMBIQUE


In 1993 Mozambique continued to be governed by President 
Joaquim Chissano and the Ruling National Front for the 
Liberation of Mozambique (FRELIMO).  The multiparty elections 
called for in the 1990 Constitution, and initially set for 1 
year from the October 4, 1992 signing in Rome of the General 
Peace Accord of Mozambique, marking the end of the civil war, 
were delayed until October 1994.  The Rome Accord addressed 
political party registration, organization of the electoral 
system, the size of the military, political amnesty, and 
oversight of the state intelligence service.  Approximately 16 
unarmed political parties were active in 1993, 11 of which met 
the registration criteria set by the Government.  FRELIMO and 
the Mozambican National Union (UNAMO) were registered by the 
end of 1992.  The former insurgents, the Mozambican National 
Resistance (RENAMO), had acquired political party status as a 
result of the peace accord.

The presence of a United Nations peacekeeping force (ONUMOZ) of 
approximately 7,000 was fully operational by June and undertook 
responsibility for helping the people of Mozambique to achieve 
peace and democracy in their country.  Although RENAMO agreed 
that Mozambique would continue to be governed by the Chissano 
Government until multiparty elections were held, RENAMO 
continued to assert the right to control certain areas they 
claimed to have occupied prior to the signing of the Rome 
Accord.

Estimates of the size of the government security forces varied 
from 60,000 to 92,000.  These figures included the Armed Forces 
of Mozambique (FAM), a territorial force, and a people's 
militia.  RENAMO claims a force of 21,000.  The State 
Information and Security Service (SISE) replaced the Mozambican 
National Security Service (SNASP) in 1991.  SISE is to be 
placed under the supervision of a 21-member monitoring 
committee made up of representatives of the Government, RENAMO, 
and independent citizens.  In an agreement reached between 
RENAMO's President Dhlakama and President Chissano in August, 
ONUMOZ is to have responsibility for overseeing the Mozambican 
police force.  SISE, unlike the former SNASP, does not have the 
power to arrest and detain suspects, and there were no reported 
incidents of abuses by SISE in 1993.

Under the terms of the peace agreement, the Government and 
RENAMO are to merge their armies into a new national force of 
30,000 soldiers to be known as the Mozambique Armed Defense 
Force (FADM).  Those soldiers on both sides not chosen for the 
new force are to be demobilized.  RENAMO and the Government 
began sending soldiers to Nyanga, Zimbabwe, to start FADM 
training in August.  Demobilization of troops on both sides 
began on December 1 at 20 assembly areas under U.N. 
supervision, but initially proceeded slowly and unevenly, 
especially on the RENAMO side.  As the month progressed, the 
rate of demobilization picked up, and additional assembly areas 
were opened.  At year's end, 35 areas were open, and ONUMOZ 
reported that a total of 7,949 government soldiers (19 percent 
of those expected at these areas) and 3,764 Renamo soldiers (36 
percent of those expected) had checked in.

The Mozambique economy remained heavily dependent on foreign 
aid.  The country continued to move towards a market economy.  
The gross domestic product declined over 2 percent in 1992, 
though the International Monetary Fund forecast a 4-percent 
growth in 1993.  The return of rain after the worst drought on 
record in 1992 and continuing peace meant that many Mozambicans 
were able to farm their lands again, making them less dependent 
on food aid. Approximately 80 percent of the population is 
employed in agriculture, mostly on a small-scale, subsistence 
level.  Major exports are shrimp and cashew nuts.

Blatant human rights abuses in 1993 included the continuing use 
of access to humanitarian relief as an instrument of political 
control and RENAMO's continuing efforts to limit freedom of 
movement into and within zones over which it claimed control.  
Access to humanitarian relief improved as a result of 
complaints submitted to the Cease-Fire and Control Commission.  
Both sides frequently attempted to use control over the 
distribution of food aid for their own purposes.  RENAMO used 
it as a political weapon for partisan ends, often refusing to 
cooperate with relief efforts while demanding more assistance.  
On the government side, corruption and red tape, not political 
maneuvering, were the most significant obstacles to relief 
efforts.

Each side accused the other of cease-fire violations and 
illegal military incursions and takeovers.  Both sides 
submitted their complaints to the Cease-Fire and Control 
Commission.  Laws guaranteeing individual human rights as 
granted in the Constitution were not implemented.  Other major 
human rights problems included sexual violations of kidnaped 
women and children in RENANO-controlled areas, harsh prison 
conditions, incidents of military and police extortion and 
harassment of civilians, and the inability of citizens to 
change their government.  In some areas, the country's human 
rights' record improved.  Press and other media criticized 
official corruption and, to a lesser extent, government 
policies, but there was no direct criticism of the President.  
Because legislation in 1991 enabled labor unions to register 
individually, three unions declared their independence, and the 
FRELIMO-dominated Labor Federation Union sought ways to respond 
more effectively to worker needs.  Although hampered by lack of 
funding, political parties spoke up freely throughout 1993 on 
the economic and political situation in the country.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no known or suspected cases of Government forces 
targeting persons for political killing in 1993.  RENAMO was 
accused by the family of Tiago Salgado of murdering him in 
July.  RENAMO admitted that Salgado, a former RENAMO official, 
had been accused of being a FRELIMO spy but claimed he had been 
killed trying to escape detention.

     b.  Disappearance

There were no reports of government-perpetrated 
disappearances.  However, thousands remained missing due to the 
conflict, often as a result of kidnapings in areas affected by 
the war.  Although some missing children were identified for 
family reunification, RENAMO was reluctant to release them and 
in a few cases reportedly bartered the children's freedom for 
material goods or money.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution expressly prohibits torture.  However, during 
the prosecution of the war both government and RENAMO forces 
tortured prisoners and civilians, and there have been 
occasional allegations of torture since the war.  In 1993 there 
were charges that RENAMO had tortured apparent defector Tiago 
Salgado before his death (See section 1.b.), as well as a 
Nampula police sergeant detained in December after an alleged 
attempt on the life of Afonso Dhlakama.  While similar highly 
publicized allegations were not known to have been directed at 
the Government in 1993, the suspicion that it too continues to 
employ torture remains widespread.

Prison conditions throughout the country remain poor.  Medical 
and food supplies are often insufficient, and overcrowding is a 
serious problem.  Machava Prison on the outskirts of Maputo, 
the largest in Mozambique, holds over twice the number of 
inmates for which it was built.  On July 26, inmates rioted at 
the Maputo City Jail, demanding that the guards remove the body 
of a prisoner who had died in his cell.  The prisoners 
complained that the deceased, Moises Eduardo Mapuro, had been 
sick for 5 days but had received no medical attention.  In 
September inmates at Beira Prison in Sofala Province went on a 
hunger strike to demand better living conditions and an end to 
treatment that they felt violated their constitutional rights.  
Police ended the strike by force, causing injuries among the 
inmates.

Since 1988 the Government has allowed international human 
rights groups access to prisons where national security 
prisoners (mainly RENAMO soldiers and sympathisers) were held.  
In 1992 the International Committee of the Red Cross (ICRC) was 
also given access to prisoners held in military prisons.  This 
access continued through 1993.

Reliable evidence accumulated that RENAMO continued to hold 
women and children, about 5,000 of the latter, against their 
will.  They lived in abysmally poor conditions and were used as 
porters, personal servants, and guards in RENAMO camps.  There 
were credible reports that kidnaped women were used for sex, as 
were some of the children.

In 1993 there were no reports of detention of prisoners for 
national security reasons.

     d.  Arbitrary Arrest, Detention, or Exile

The law requires that most detainees be charged or released 
within 30 days.  However, persons accused of the most serious 
crimes, i.e., security offenses or other offenses requiring a 
sentence of more than 8 years, may be detained for up to 84 
days without being formally charged.  With court approval, such 
detainees may be held for 2 additional periods of 84 days while 
the police complete their investigation.  The detainee's 
constitutional right to counsel and to contact relatives or 
friends is often not respected.


In some cases, detainees may be released from prison while the 
investigation proceeds, but the bail system in Mozambique 
remains ill defined.  The law provides that, if the prescribed 
period for investigation has been completed and no charges have 
been brought, the detainee must be released.  In practice, 
however, this law is often ignored, in part because of the 
severe lack of administrative personnel and trained lawyers to 
monitor the judicial system (see Section 1. e.), and in part 
because citizens are often unaware of their rights, 
particularly those granted under the 1990 Constitution, and do 
not demand them.  As a result, throughout 1993 there continued 
to be a large backlog of prisoners awaiting trial.  Detainees 
often spend many months, even years, in pretrial status.

The 1990 Constitution's prohibition of exile or the expulsion 
of any Mozambican citizen was honored in 1993.

     e.  Denial of Fair Public Trial

Mozambique has two complementary formal justice systems: the 
civil/criminal, which includes customary courts; and the 
military justice system.  The Ministry of Justice administers 
the civil/criminal system and shares the administration of the 
military courts with the Ministry of Defense.  At the apex of 
the system is the Supreme Court, to which appeals, including 
military cases, may be made.  Local customary courts handle 
matters such as estate and divorce cases.  In these courts, 
proceedings are usually conducted in public by a trained 
representative of the Ministry of Justice, assisted by two to 
four popularly elected lay judges.

The entire judicial process suffers severely from a shortage of 
trained personnel and the Government's inability to reduce a 
large backlog of cases.  The Government, with international 
assistance, continued to develop a comprehensive plan for 
improving the professional level and efficiency of the 
judiciary.  However, no actions have been taken to put this 
plan into effect.  As a result, there were no changes in the 
legal system in 1993; it continued to be weak and inefficient.  
Although all accused persons are in theory presumed innocent 
and have the right to legal counsel and the right of appeal, 
these rights are not always honored.  Prisoners who were poor 
and without formal education could remain in detention awaiting 
arraignment beyond the 30 days allowed by law, usually without 
access to legal counsel.


The 1990 Constitution formally established an independent  
judiciary and provided for the selection of judges by other 
jurists, replacing the prior system of administratively 
appointed justices.  However, the President still appoints the 
members of the most important tribunal, the Supreme Court, and 
the FRELIMO-controlled Assembly appoints "lay judges" to that 
Court.

Since the establishment of the Supreme Court in 1988 and the 
abolition of the Revolutionary Military Tribunal, persons 
accused of crimes against the State are tried in common 
civilian courts under standard criminal judicial procedures.  A 
judge may order a trial closed because of national security 
interests or to protect the privacy of the plaintiff in cases 
concerning rape.

In 1993 the Government claimed that there were no national 
security prisoners.  At the beginning of 1992 it was reported 
by credible sources that the Government held an estimated 
400-550 national security prisoners, most of whom were accused 
of sympathizing with, or committing crimes on behalf of, 
RENAMO.  The Rome Accord provided for the release of such 
prisoners, and an amnesty was passed allowing for the release 
of over 300 prisoners.  All credible reports indicate that the 
Government no longer detained national security prisoners in 
1993.

RENAMO continued to administer the areas under its control 
through a rudimentary form of civil administration.  Reports 
continued that RENAMO relied on traditional courts in these 
areas, with military commanders sometimes acting as judges.  On 
September 10, RENAMO announced that the authority of the 
Constitution did not extend to areas under its control, a 
controversial position at variance with the 1992 peace 
agreement.

     f.  Arbitrary Interference with Privacy, Family, Home, or 
         Correspondence

The 1990 Constitution provides for privacy.  During the war, 
police and security forces entered homes at will, but after the 
signing of the Rome Accord such activity abated.  Many persons 
were forcibly resettled during the war by both RENAMO and the 
Government.  With the end of the war, persons in 
government-controlled territory have been generally free to 
return to their homes.  Persons under RENAMO's control have not 
always had the same freedom to return to their homes (see 
Section 1. b.).

Throughout 1993 there were credible reports that RENAMO was 
forcing individuals in areas under its control to join it.  In 
Manica Province, RENAMO was accused of confiscating FRELIMO 
membership cards.  A report from Zambezia Province claimed that 
RENAMO insisted that individuals join it before they could 
recover their property in RENAMO-controlled areas.  RENAMO made 
similar accusations concerning government political activity, 
particularly in Nampula Province.  While the accusations are 
credible, coercive activity by government authorities is not 
systematic.

It is widely assumed that government forces employ surveillance 
devices to monitor local and international telecommunications 
systems and that they periodically inspect mail, even though 
the new Constitution expressly prohibits such surveillance.

     g.  Use of Excessive Force and Violations of Humanitarian 
         Law in Internal Conflicts

The Rome Accord ended the fighting that had marked the brutal 
17-year civil war, although violations of the cease-fire 
continued to occur in 1993.  Although neither the Government 
nor RENAMO officially opposed access to humanitarian aid during 
implementation of the peace process, RENAMO was credibly 
accused of hindering distribution of humanitarian relief in 
areas under its control.  For example, an international 
nongovernmental organization (NGO) reported in September that 
malnutrition and medical shortages existed in some 
RENAMO-controlled areas in Zambezia Province due to RENAMO 
reluctance to allow access to relief organizations.  The same 
month another international assistance organization reported 
difficulties with RENAMO administrators who hindered 
distribution of agricultural aid kits.  There were also 
numerous cases of unpaid, hungry soldiers extorting food from 
NGO warehouses, including a late November incident in which 
armed government soldiers invaded offices and residences of an 
international NGO in Mutarrara in Tete province and seized 
food.  These incidents do not represent any systematic 
government policy, however, but rather are an indication of its 
inability to support and pay its forces.


Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution, the 1991 press law, and the 1992 Rome Accord 
provide for freedom of expression and the press, but with 
restrictions in cases involving national defense 
considerations.  Legally, criticism of the President is not 
prohibited; in practice, few news reports or editorial 
commentaries critical of him appear.  The 1991 press law holds 
that in cases of defamation against the President, truth is not 
a sufficient defense against libel.  Through the end of 1993, 
this law had not been tested in court, but its result was 
considerable self-censorship.

On balance, freedom of the press continued to improve in 1993.  
The media, particularly the private newssheet Mediafax, 
television, and radio, reported objectively on controversial 
topics, including disagreements between the Government and 
RENAMO on peace agreement implementation, high-level military 
corruption, internal unrest in the military, and political 
opposition viewpoints.  Several journalists continued to push 
the boundaries of press freedom, and the National Organization 
of Journalists maintained its strong support of an independent 
media.  For example, TV Mozambique aired a story in which the 
President's late brother was accused of suspect real estate 
dealings involving land of a psychiatric hospital.  However, 
even without formal prior press censorship, journalists in the 
state-run media were often implicitly held to unwritten and 
vague guidelines by their directors (who are appointed by the 
Government).  There is ample evidence that journalists in the 
state-run media continue to be under strong pressure to avoid 
any investigative reporting that could expose high-level 
corruption.

During the 1993 multiparty conference on the electoral law, 
opposition politicians received almost daily coverage of their 
statements and views on the proceedings.  RENAMO complained 
that it was consistently mistreated in the government-run 
media, whose bias was evident in skewed stories and emphasis on 
the negative.  While the import of speeches and attendance at 
RENAMO rallies was routinely downplayed, for example, RENAMO 
defections or alleged hindrances to the peace process were 
blown out of proportion to their true significance.  
Nonetheless, RENAMO received wide coverage in media organs, and 
the party began to publish its periodical, Novos Tempos, in 
Maputo instead of Portugal.


In early 1993, a reporter for radio Mozambique was denied 
access to RENAMO areas in Manica Province.  As a result, the 
head of Mozambique's National Union of Journalists accused 
RENAMO of refusing to allow free press coverage in areas under 
its administration.  RENAMO responded that all journalists 
would need specific authorization to enter areas under its 
control.  In practice, RENAMO territory is not freely 
accessible to journalists, or any other outsiders, and a few 
Mozambican journalists, who had given no advance notice of 
their trips, were turned away at the borders of 
RENAMO-controlled areas.  For most journalists, this has not 
been an issue because they have been primarily interested in 
visiting RENAMO headquarters at Maringue, a trip which for 
purely logistical reasons requires advance preparation.  RENAMO 
was generally cooperative in arranging such visits.

The Higher Council of Social Communications (CSCS), created by 
the 1991 press law, met for the first time in 1993.  Its stated 
mission is to arbitrate disputes, hear complaints, and set 
guidelines on media issues.  At year's end, it was uncertain 
what influence the CSCS might have.

Until 1992, almost all media were government owned or 
government operated.  In 1992 Mozambique's first privately 
owned daily news bulletin, Mediafax, began publication, and in 
1993 Mediacoop, Mediafax's parent cooperative, planned  to 
begin publication of a weekly news journal, Savana, but 
complained that publication was being delayed by government 
interference and the levy of excessive taxes.  These charges 
appeared to be well grounded.  Also in 1993, Mozambique's first 
independent television station, Radio Televisao Klint (RTK), 
began broadcasting in Maputo.  Two opposition political 
parties, the National Convention Party (PCN) and the Social 
Liberal and Democratic Party (SOL), began publication of 
periodic newssheets.  An independent media cooperative, 
Coopartes, received funding to begin a new weekly, although 
publication had not begun by year's end.

In mid-1993, the government-run Noticias group of newspapers 
announced plans to privatize their operation, although the 
State directly and through the Bank of Mozambique will continue 
to have majority control after contracts are awarded.

No formal restrictions on academic freedom exist, but in 
practice teachers routinely adhere to self-censorship since 
their employment depends on the State.


     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly and 
association.  Legislation enacted in 1991 set up guidelines for 
registering as a political party and for holding public 
demonstrations.  During 1993 political groups were free to hold 
congresses and press conferences and to travel in areas under 
the Government's control.  RENAMO, however, limited access to 
areas under its control and in September announced that it 
would not permit political parties to campaign in its areas.

Under legislation approved in October 1992, a legally 
recognized political party must demonstrate that it has no 
racial, ethnic, or religious exclusiveness and secure at least 
2,000 signatures of support.  By the end of 1993, 10 parties, 
including FRELIMO, were registered.  In September the 
registration application of one party, the Federal Party of 
Mozambique-Democratic Federalist (PAFEMO-DP), was denied by the 
Ministry of Justice because the use of the term "federalist" in 
its party name was deemed contradictory to the unitarist 
definition of the Mozambican State as set forth in the 
Constitution.  Under the Rome Accord, RENAMO received political 
party status without having to meet registration requirements 
in advance.

No groups were known to be have been denied permission to hold 
public marches in 1993.

     c.  Freedom of Religion

The Constitution mandates strict separation of church and state 
and provides for the freedom to "practice or not practice a 
religion."  The Government does not require religious 
organizations or missionaries to register, and foreign 
missionaries are readily granted visas.  The Constitution gives 
religious institutions the right to own property and to operate 
schools.  Relations between the Government and religious 
organizations, tense in the early years after independence,
began to improve by 1992 and improved further in 1993.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

The Constitution provides for freedom of travel within the 
country and abroad.  The Government no longer requires citizens 
to obtain permits from local authorities in order to travel 
within the country.


The civil war and the 1992 drought caused massive internal 
migrations in search of food, water, and safety.  With the end 
of the civil war and the return of the rains, 3.6 million 
internally displaced people were free to return home, as were 
the almost 2 million refugees who had sought safety in 
neighboring countries.  Under the auspices of United Nations 
High Commissioner for Refugees (UNHCR) and the International 
Organization of Migration, the displaced and refugee 
populations began to return.  Although numbers were difficult 
to gauge, it was estimated that by the end of 1993 over 450,000 
refugees had returned to Mozambique.  Involuntary repatriation 
from South Africa continued well into 1993.  An agreement 
between the UNHCR and South Africa was concluded in September 
to allow UNHCR access to Mozambicans who had fled into South 
Africa.  In October South Africa, Mozambique, and the UNHCR 
signed a tripartite agreement governing the return of the 
Mozambican refugees from South Africa.

Reports from credible sources, including international 
organizations, indicated that in 1993 RENAMO prevented the free 
movement of people and goods throughout its regions.  RENAMO 
officials were requiring travel documents, "Guias da Marcha", 
to allow people to enter areas under its control or to move 
within those zones.  In June RENAMO detained a Member of 
Parliament, Aurelio Fernando Manhica, and his party of 18 in 
the Salamanga region of Maputo Province.  RENAMO claimed that 
the party had been hunting in RENAMO territory without 
permission.  Despite the intervention of the U.N. peacekeeping 
force, RENAMO held the detainees for almost 3 weeks.

In July RENAMO detained 17 timber workers and confiscated 2 
tractors in Sofala Province because they were doing forestry 
work in a RENAMO area without its permission.  In August RENAMO 
refused to allow road repairs in areas under its control.  Both 
cases were symptomatic of the extremely contentious issue of 
administrative control in disputed areas.

Mozambique hosted few refugees from other countries.  At the 
end of 1993, there were 80 refugees from other countries under 
the protection of the UNHCR and another 250 asylum seekers 
awaiting determination of their status.  There were no reported 
cases in which refugees were forced to return to countries 
where they might have a well-founded fear of persecution.


Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

In 1993 citizens could not change their government by 
democratic means.  Though the 1990 Constitution officially 
ended FRELIMO's status as the sole legal political party and 
permitted the creation of other parties, the President, the 
FRELIMO Political Commission, and the Council of Ministers 
continued to control policymaking and implementation and were 
set to remain in office pending future elections, scheduled for 
October 1994.

The Rome Accord established an election timetable and an 
independent monitoring system to ensure their fairness. 
Multiparty elections decreed by the Constitution were to be 
held within a year of the October 4, 1992 signing of the 
Accord.  However, because of delays in the implementation of 
the peace process, all parties agreed to postpone elections 
until October 1994.  Balloting is to be secret, and an 
electoral commission made up of members of FRELIMO, RENAMO, and 
the political parties is to organize and direct the election 
process.  The Accord specified that the Government, in 
consultation with RENAMO and other opposition parties, should 
enact an election law.  A multiparty conference on the draft 
law ended after prolonged debate failed to produce results.  
However, the Government continued to consult with RENAMO and 
the opposition parties in bilateral meetings to produce a final 
document which was submitted to the National Assembly and 
ratified on December 9.  The peace agreement allows for 
international election observers to be supervised by the United 
Nations.

Under the Rome Accord, RENAMO is to be an equal partner in 
supervising and monitoring the electoral process, the 
cease-fire, and demobilization of the armed forces.  The 
agreement accorded RENAMO the right to participate in the civil 
administration of areas it nominally controlled at the time of 
the agreement.  A summit meeting in Maputo in August between 
President Chissano and RENAMO's President Dhlakama produced 
agreement that RENAMO was to appoint advisors to the provincial 
governors.  A few days later RENAMO partially pulled back from 
the agreement and declared that the Government's Constitution 
would not be effective in areas under its control, nor would 
RENAMO permit political parties to campaign in its zones.

There were no women ministers in the Government at year's end.  
There was one vice minister (of foreign affairs).  A few women 
are active in the leadership of nongovernmental organizations.  
While there are no legal restrictions hindering women's 
involvement in government, cultural factors have inhibited 
their political advancement.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

There are no legal obstacles to the formation of local human 
rights groups.  The Mozambican League for Human Rights became 
active in late 1993, holding several public meetings in Maputo 
and developing plans for education and monitoring programs to 
be started in 1994.

Human rights organizations with more defined constituencies and 
goals have been effective.  Two groups, the Association of 
Women, Law, and Development (MULEIDE) and the Association of 
Mozambican Disabled (ADEMO), were established chiefly to 
address the legal rights of the groups they represent (see 
Section 5.).  Another group, the Movement for Peace in 
Mozambique, announced its formation in 1993.  It aimed to 
involve all sectors of Mozambican society to safeguard the 
peace process.

The Government remained receptive to international human rights 
monitoring groups and is responsive to inquiries on human 
rights issues.  In 1992 the New York-based Africa Watch was 
allowed to visit and interview prisoners, and it publicly 
praised the Government for its cooperation.  The only access by 
an international human rights monitoring group to RENAMO areas 
during 1993 was a trip by the Africa Watch rapporteur early in 
the year.  It should be noted, however, that his visit was 
primarily concerned with investigating the mine-clearing issue, 
not the human rights situation.

Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution prohibits discrimination based on race, sex, 
religion, or disability.

     Women

The Constitution forbids discrimination on the basis of sex and 
mandates equal rights and responsibilities for women.  In 
practice, however, women continue to be underrepresented in the 
professions and in educational institutions at all levels.  
Over 80 percent of Mozambican women are peasant farmers, and 
most have had little education or access to good health care. 
Mozambique has one of the highest maternal mortality rates in 
the world.

Although the Constitution upholds the equality of women in 
society and before the law, practical implementation often 
falls short of this ideal.  Old civil and commercial legal 
codes that predate independence and still exist deny women full 
financial rights once they marry.  The Justice Ministry, in 
collaboration with MULEIDE (see Section 4), was tasked with 
identifying these outdated laws which contradict rights granted 
women by the 1990 Constitution.  MULEIDE aims to promote and 
defend the legal rights of women, particularly as they pertain 
to improving social conditions and ensuring participation in 
the development process.

According to medical and other sources, violence against women, 
especially wife beating, is fairly widespread in Mozambique, 
especially in rural areas.  The police do not normally 
intervene in domestic disputes, and cases are rarely brought 
before the courts.  The Government has not addressed the issue 
specifically.  A local women's group indicates that nondomestic 
violence against women also has increased and that there has 
been a rise in the number of rape cases in urban areas.  Both 
trends are concomitant with the overall rise in the national 
crime rate.

     Children

Children's rights and welfare have not been a priority of the 
Government.  For its part, RENAMO in 1993 continued to utilize 
children taken from their homes during the war as soldiers and 
porters.  While RENAMO has not agreed to a full-scale program 
aimed at resolving this problem, it cooperates on a 
case-by-case basis with efforts to reunify these children with 
their families.

Female genital mutilation is practiced in Mozambique, most 
frequently in the Muslim northern part of the country.

     National/Racial/Ethnic Minorities

There was no systematic persecution or discrimination on the 
basis of race, but no whites and few mixed-race Mozambican and 
Asians serve in the military.  Moreover, the FRELIMO Government 
includes at all levels a disproportionate number of 
southerners, mostly from the Shangaan ethnic group.  The 
Government also includes white, Asian, and mixed-race 
Mozambicans.

The leadership of RENAMO is predominately from the 
Shona-speaking  ethnic groups concentrated in the center of the 
country.  There is no indication that the conflict between the 
Government and RENAMO was primarily motivated by ethnicity, 
although ethnic and regional factors may have played some role, 
and tribal factors may explain some of the violence during the 
conflict.  Historical accident appears to be responsible for 
the ethnic composition of the RENAMO leadership; the Shona was 
the group culturally and geographically most accessible to the 
Southern Rhodesian intelligence organization, which established 
the forerunner to RENAMO in the late 1970's.  Since that time, 
RENAMO recruited from all ethnic groups and never significantly 
emphasized ethnic issues in its communiques or negotiating 
positions.  It has, however, criticized FRELIMO for being 
dominated by southerners.

     People with Disabilities

Although the Constitution expressly states that "disabled 
citizens shall enjoy fully the rights enshrined in the 
Constitution," reality often falls short of this ideal.  In 
1991 ADEMO (see Section 4) was created to address the social 
and economic needs of the disabled.  ADEMO provides training, 
raises public awareness of the need fully to integrate the 
disabled into society, and lobbies the Ministry of Labor to 
initiate legislation to support the working rights of the 
disabled.  The Government has not legislated or otherwise 
mandated access for the disabled to public buildings.  No 
special access facilities exist.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution specifies that all workers are free to join or 
refrain from joining a trade union.  A labor law passed in 
December 1991 further protects workers' rights to organize and 
to engage in union activity at their place of employment.  The 
legislation gave existing unions--those created as appendages 
of the FRELIMO-dominated Organization of Mozambican Workers 
(OTM)--the right to register independently.  During 1993 the 
three unions that had broken away from the OTM announced their 
intention either to reform OTM from within or, failing that, to 
form their own association.  Their activities resulted in OTM's 
reexamination of its own constitution, structure, and policies 
in representing workers.  Late in the year, in the face of 
threats by the independent unions to call a general strike, the 
Government agreed to negotiate with these unions on the minimum 
wage and other issues.

The Constitution explicitly provides for the right to strike, 
with the exception of government employees, police, military 
personnel, and employees of other essential services (which 
include sanitation, firefighting, air traffic control, health 
care, water, electricity, fuel, post office, and 
telecommunications).  Nevertheless, strikes by soldiers to 
protest the Government's failure to pay back wages continued in 
1993.  Wildcat strikes continued to occur elsewhere, mostly due 
to the failure of pay rates to keep pace with inflation and 
employers' failure to provide promised benefits.  Maputo postal 
workers went on strike for these reasons in August, returning 
on September 1 after some of their demands were met.  In 
September workers at a marble factory in Cabo Delgado Province 
successfully negotiated a 50-percent pay raise and better 
working conditions after a 3-day strike.

The 1991 labor law forbids retribution against strikers, the 
hiring of substitute workers, or lockouts by employers.  There 
were no known instances during 1993 in which employer 
retribution against striking workers was an issue.

Most labor disputes continued to be arbitrated through ad hoc 
workers' committees, formally recognized by the Government.  
The development of the newly independent labor unions was 
hindered by a lack of resources.  However, their actions 
influenced the OTM which called for a national labor congress 
and began to address areas of dispute between the OTM and the 
independent unions.

In August the OTM was highly critical of a government-announced 
minimum pay raise, complaining that it was insufficient to meet 
worker needs, and insisted that the OTM should have been 
consulted prior to the announcement.

The Constitution and labor legislation guarantee unions the 
right to join and participate in international bodies.  The OTM 
is a member of the Organization of African Trade Union Unity 
and the Southern African Trade Union Coordinating Council.


     b.  The Right to Organize and Bargain Collectively.

The labor law protects workers' rights to organize and engage 
in collective bargaining.  It expressly prohibits 
discrimination against organized labor, although antiunion 
discrimination has not been an issue since until recently 
unions were government-controlled organizations.  In late 1991, 
the Government decreed that it would no longer set all salary 
levels.  Negotiating wage increases was left in the hands of 
existing unions.

During 1993, workers continued to bargain with employers 
through legally recognized ad hoc committees.  The law requires 
government arbitration if labor and management fail to reach 
agreement.  The majority of labor disputes dealt with 
management's failure to meet salary and other contractual 
obligations.

There are no export processing zones in Mozambique.

     c.  Prohibition of Forced or Compulsory Labor.

Forced or compulsory labor is prohibited by law, and there have 
been no reports of such labor practices by the Government.  
There were cridible reports in 1993 that RENAMO continued to 
hold and mistreat children and civilians, kidnaped prior to the 
1992 Peace Accord, who were used for forced labor (see Section 
1.c.).

     d.  Minimum Age For Employment of Children

Child labor is regulated by the Ministry of Labor.  In the wage 
economy, the minimum working age is 16.  Because of high adult 
unemployment, few children are in regular wage positions.  
However, children commonly work on family farms or in the urban 
informal sector, where they perform such tasks as guarding 
cars, collecting scrap metal, and vending.

     e.  Acceptable Conditions of Work

The Government sets minimum wage rates administratively.  The 
minimum wage at year's end was approximately $13.75 (70,600 
meticais) per month.  The Ministry of Labor is responsible for 
enforcing the minimum rates in the private sector, the Ministry 
of Finance in the public sector.  Violations of minimum wage 
rates are usually investigated only after workers register a 
complaint.  It is customary for workers to receive benefits 
such as transportation and food.  The minimum wage is not 
adequate to sustain an average urban worker's family.  Workers 
must turn to second jobs, if available, as well as work garden 
plots, to survive.  An estimated 80 percent of the work force 
is engaged in subsistence agriculture and is not covered by 
minimum wage legislation.

The standard legal workweek is 44 hours, with a 24-hour rest 
period stipulated.  In the small modern sector, the Government 
has enacted health and environmental laws to protect workers.  
On occasion, the Government has closed firms for noncompliance 
with these laws, but enforcement by the Ministry of Labor has 
been irregular, particularly in the poor economic conditions of 
recent years.


[end of document]

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