Mozambican Bar Association: Constitution Peace Requires Rule of Law

• The Mozambican Bar Association (OAM) asserts that sustainable peace requires respect for the Constitution, protection of fundamental rights, and credible institutions.
• OAM Chairperson Thera Tobias Dai linked this message to the 34th anniversary of the General Peace Agreement, emphasizing the Constitution's role in national reconciliation.
• The OAM highlighted that the 2024 electoral process left significant wounds, citing a Human Rights Commission report detailing 4,236 illegal arrests, over 3,000 injuries, 737 shootings, and 323 deaths.
• The Bar Association demands investigations into these facts and accountability for unlawful acts, stressing that the use of force must adhere to legality, necessity, and proportionality.
• OAM believes democracy extends beyond elections, requiring truth, problem acknowledgment, and guarantees for national reconciliation.

Peace, from this perspective, requires authority exercised within legal limits, as well as freedom accompanied by responsibility, and a justice system capable of ensuring that no one is above the law and no one falls outside its protection.

The Mozambican Bar Association (OAM) has articulated a clear position that genuine and enduring peace in Mozambique hinges on a steadfast commitment to the nation's Constitution, robust protection of fundamental rights, the efficient operation of its justice system, and the unquestionable credibility of its institutions. This crucial perspective was shared by OAM Chairperson Thera Tobias Dai during an address marking the 34th anniversary of the General Peace Agreement, signed between the government and the former rebel movement Renamo on October 4, 1992.

Dai emphasized that the Constitution of the Republic serves as a pivotal instrument in the ongoing national reconciliation process. She clarified that peace extends far beyond the mere absence of armed conflict; it must manifest tangibly in the daily lives of citizens through comprehensive legal protections, respect for human rights, the freedom to engage in public life, the proper functioning of state institutions, and a justice system fully equipped to address societal needs. The Chairperson underscored that the Constitution is the foundational bedrock for peace, as it fundamentally defines Mozambique as a democratic state rooted in social justice, where sovereignty ultimately resides with its people. These core principles, she asserted, must transcend mere formal declarations and actively guide the exercise of power and the conduct of all institutions.

According to the OAM, the true strength of the Constitution is most critically demonstrated during periods of national crisis. It is precisely at these times that the law must unequivocally subordinate power, ensuring that fundamental rights remain protected regardless of prevailing circumstances or the individuals involved. Thera Tobias Dai articulated that sustainable peace necessitates that authority is always exercised within defined legal boundaries, and that freedom is coupled with responsibility. Furthermore, a robust justice system is indispensable to guarantee that no individual stands above the law, nor falls outside its protective scope.

This commitment to constitutional principles and the rule of law is particularly pertinent in light of recent events. The OAM Chairperson highlighted that the profound wounds inflicted by the 2024 electoral process cannot be overlooked. She recalled previous concerns regarding the transparency, credibility, and overall regularity of various stages of the election, alongside the pressing need to reform and professionalize the bodies responsible for electoral administration. The Mozambican Bar Association's stance underscores a broader call for accountability and adherence to established legal frameworks, especially when institutional integrity is at stake.

The gravity of the situation surrounding the 2024 elections was further underscored by alarming statistics. Thera Tobias Dai cited data from the Human Rights Commission's report covering the election period, which documented a staggering 4,236 arrests deemed illegal. The report also recorded over 3,000 citizens sustaining injuries, 737 individuals suffering gunshot wounds, and a tragic total of 323 deaths. These figures paint a stark picture of the challenges to human rights and electoral integrity during this critical time.

Dai emphasized that democracy is not merely concluded at the ballot box. She stressed that national reconciliation, a vital component of lasting peace, must be firmly grounded in truth, an honest acknowledgment of problems, the diligent correction of identified flaws, and the establishment of concrete guarantees for the future. The OAM, while not seeking to assign blame or usurp the functions of the Public Prosecutor's Office and the courts, firmly believes it is its responsibility to demand thorough investigations into these facts and to ensure that, where unlawful acts are proven, accountability is enforced strictly in accordance with the law and through due process. This commitment highlights the Mozambican Bar Association's dedication to upholding `Mozambique rule of law accountability`.

In its comprehensive assessment, the Mozambican Bar Association also addressed the critical issue of the use of force by state actors. The OAM asserted that any application of force must strictly adhere to fundamental principles of legality, necessity, proportionality, and strict indispensability. This means that force should only be employed when absolutely required, in a manner commensurate with the threat, and always within the bounds of the law.

Furthermore, the OAM demanded that any instances of excessive force must be subjected to competent, independent, impartial, and expeditious investigations. This call for rigorous oversight and accountability is central to ensuring justice and preventing future abuses. The Bar Association's strong stance signals increased scrutiny and potential legal challenges regarding constitutional adherence, human rights, and electoral integrity, reinforcing the importance of `Mozambican Bar Association Constitution peace` and `OAM Mozambique electoral integrity` for the nation's future.

The Mozambican Bar Association's strong stance signals increased scrutiny and potential legal challenges regarding constitutional adherence, human rights, and electoral integrity. Lawyers and compliance officers should advise clients on heightened risks related to institutional conduct and the use of force, anticipating a push for greater accountability and adherence to the rule of law in Mozambique.

Source: Reporting based on original statements from the Mozambican Bar Association.