Higher Institute of Sciences and Education A

Distance

Ernesto Bilale

Ethics and Professional Deontology

Theme: The importance of respect for Human Rights in society

Mozambican

Tutor:
Master Maitu Buanango

Pemba
2021

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 Ernesto Bilale

The importance of respect for Human Rights in Mozambican society

Work presented as part of the evaluation method in the Ethics course.

Professional Deontology in the Public Administration course at the Higher Institute of Sciences and
Distance Education

Tutor:
Master Maitu Buanango

PEMBA
2021

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Index

1. Introduction 4
1.1. Objectives 6
1.1.1. Objective General
1.1.2. Objectives Specific ................................................................. 6
1.2. Methodology 6
2. Review On Literature............................................................................................................... 7
2.1. The Human Rights in the International and Regional Plan
2.2. The Human Rights in Mozambique
2.3. The Challenge of Empowering Citizens in Human Rights Matters........... 12
3. Considerations Finai.............................................................................................................. 14
4. References Bibliographic .................................................................................................... 16

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 1. Introduction

The present research work concludes with the study on the importance of respect for
Human Rights in Mozambican society. To enshrine and protect the rights that constitute the
the substrate of the very human condition, in its fullness, is the reason for the existence of modern States. It is

the triumph of the ideal of the 'Human Rights State'. Meanwhile, the struggle for consecration,
respect, promotion, and guarantee of Human Rights has a long history.
to traverse. If the long journey in favor of Human Rights culminates in the approval of the Declaration
Universal Declaration of Human Rights, through the General Assembly of the United Nations
United, in 1948, your main landmark.

Human rights as we know them today followed a long process of evolution.

long in the history of humanity. Such a process is rooted in two components, which
intertwine with each other, covering the most diverse spheres of life in society: for a
one legal in nature, and the other more philosophical. Ethical reflections on the
the dignity of the individual, their rights and duties, as well as fundamental values were
carried out since ancient times and in various parts of the planet, as demonstrated
philosophical schools, whether Western (for example, in Greece or Rome) or Eastern (like in
China, India, etc.) and African (ancient Egypt).

Meanwhile, there is a constant mismatch common to all these societies regarding

regarding the relationship between such ethical reflections, always elitist and accessible to a portion
very restricted to educated individuals, and the coding of the values they advocated through
positive laws. Above all because they were strongly hierarchized societies and
based, they all, on the slave system, for important segments of their respective
populations (namely minors, but even more women and men who are not free) were
excluded from the enjoyment of the supposed fundamental rights. Secondly, because the very
The theoretical reflection on the return of such rights was still incipient, beginning to gain consistency.
greater only in the 17th century with the English revolution and then, in the 18th century, with the

American and French revolutions, based on the doctrine of Natural Law and, following that,
Enlightenment.

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In this first chapter, the complex relationship between ethical elaboration and
positive statute of the law throughout the history of humanity, starting from a presupposition
fundamental: human rights, just like today, in most cases, are conceived
(that is, individual rights) took a long time to assert themselves and to be established
in the great international declarations as well as in the national constitutions of various countries.
This process always opposed the rights of individuals to the prerogatives of the State or to
entity that performed government functions. This entity, from antiquity until
approximately the 20th century, had a largely prevailing space in relation to
individuals. The State, in its most 'absolute' form (personified by the king, emperor, lord
feudal, etc.), had the right of life and death over his subjects. This part of the
The work aims to show how and through which fundamental stages individual freedoms
they gained space relative to the State, without wanting to draw a linear trajectory
of this process, complex and discontinuous.

What will be presented in this chapter, therefore, will not be a history of human rights,
but rather a reflection of a philosophical and historical nature of how the individual, as a person who
enjoys "natural" and inviolable prerogatives, becoming the central subject of Law.
Moreover, in the second part it will be seen how, from the major declarations about rights
humans of the last century, African culture interacted with them, seeking ways
originals to reconcile their principles with the supposedly universal values typical
from the theory of human rights, along with evident limitations of the practice of a State that
It must not only refrain from violating the fundamental rights of its citizens, but also protect them.
What, frequently, does not happen, as the Mozambican case clearly demonstrates.

The Republic of Mozambique in parallel in Cabo Delgado, in the context of consolidation of

Democratic Rule of Law has defended and guided by a policy based on good
governance, legality, justice, protection and promotion of Human Rights, including rights
fundamentals of women. The political pact of the Mozambican state in defense of Rights
Human rights are elevated to the status of formal constitutional value. Indeed, human rights,
highlighting that the equality of all before the Law constitutes one of the fundamental objectives
they will be pursued through the consecration in the Constitution. From this relationship in the terms in which the

we aim with this work to achieve the following objectives:

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 1.1. Objectives

1.1.1. General Objective

• Analyze the importance of respect for Human Rights in Mozambican society.

1.1.2. Specific Objectives

• Identify the main areas where there is a greater knowledge deficit in Rights
Humans.
• Distinguish the causes and effects of the level of perception of the main citizenship rights
of the populations;
• Describe the subjective perceptions about Human Rights and their main ones.
determinants in multiple social strata, combining qualitative techniques and
quantitative.

1.2. Methodology

In the essence of the qualitative methodological approach described above, the techniques used to comply
The information was, so to speak, appropriate to the reality studied. The difficulties, in this
In this sense, there were countless, and not all of them completely overcome.

It is important to mention that the material available in the public sphere on the subject is extremely

limited, almost nonexistent when referring to scientific texts. Human rights in Mozambique still
it is represented as a subject that is at once fertile, closed, and 'hot', which no one wants
speak, apart from the few existing activists. Therefore, the first phase of the research focused on
analyze everything that was present in the public sphere, from laws, books, articles in magazines
scientific articles and interviews in local newspapers, especially NGO reports on the situation
on human rights in Mozambique. As mentioned above, the most recent publications about the
subjects are made up of Master's dissertations or Doctoral theses defended in
Brazil by Mozambican researchers, all of them connected - directly or indirectly - to the world
police of this country.

This material could not constitute a sufficiently rich collection to develop a thesis on.
doctorate. This is how the impervious path of searching for oral sources began and
official documents not present in the public sphere. The most important document that was
found and is not in the public domain was the Strategic Plan of the Police, obtained through the
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help from a police friend, who made it available in electronic format. This document was
precious throughout the work, because it allowed to understand the corporation's point of view, in
absence of valid scientific studies.

In general, the great fear on the part of interested parties to express themselves freely...
your opinion constitutes one of the results of the research: in methodological terms, this forced to
researcher to adapt her analytical tools to a reality hostile to any type of
scientific collaboration, especially at a time like the current one characterized by a great
political-military tension not yet completely resolved. In terms of content, this scenario
indirectly proved the total absence of internal control mechanisms by
police, even the adoption of self-censorship as a normal way of dealing with people interested in
functioning of the corporation. An element, this, which also did not help in understanding the point
from the PRM's perspective regarding the studied subject.

The road of research, especially on sensitive subjects like the one addressed here, is still very
impervious, in Mozambique: the hope, however, is to have minimally contributed to outlining the
path that other researchers may follow, perhaps using a small part
of this thesis.

2. Literature Review

2.1. Human Rights in the International and Regional Plan

Human Rights at the international and regional level involve a large number of
institutions and international standards. The vast majority of these standards emanate from institutions

belonging to the United Nations System, which brings together almost all countries in
global scale (currently, the United Nations has 192 member countries) and
of institutions belonging to the African System, which includes almost all countries in
African scale (currently, all African countries are members of the African Union).

The International and Regional Human Rights System encompasses both the norms that are
legally enforceable by the States that acceded to them, as well as the rules whose main
effect is a moral or political obligation towards the States.
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Among the rules that generate legal obligations in the strict sense, we have the pacts, statutes,
treaties and international conventions, as well as their optional protocols; while
statements, such as those emanating from the United Nations General Assembly, principles, guidelines,
standards and recommendations generate only moral and political obligations and should serve as

guidance to states in conducting their public affairs.

Table 1. The main instrument of Human Rights International and Regional Plan.

International Plan
International Covenant on Civil and Political Rights (ICCPR) (1966)
Optional Protocol to the International Covenant on Civil and Political Rights
(1966);
Second Optional Protocol to the International Covenant on Civil and Political Rights
Citizens and Politicians with a view to the Abolition of the Death Penalty (1990).

Convention on the Elimination of all Forms of Racial Discrimination (1966).

International Covenant on Economic, Social and Cultural Rights (ICESCR)
(1966).
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Cruel or Inhuman (1984).

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Punishments

Degrading, Cruel or Inhumane (2002).

•Prostitution and Child Pornography (2000);
International Convention on the Protection of the Rights of All Workers
Migrants and their Family Members (1990).
Convention on the Elimination of All Forms of Discrimination Against Women
1995
Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (1999).
Convention on the Rights of Persons with Disabilities (2006).

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 International Convention for the Protection of All Persons against
Forced Disappearance
(Enforced Disappearance) (2006).
Regional Plan
African Charter on Human and Peoples' Rights (1986)
Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Woman in Africa (2003).
African Charter on the Rights and Welfare of the Child (1990).

African Charter on Democracy, Elections and Governance (2007).

Among the various instruments that make up the international and regional mechanisms of Rights
Human rights stand out, on the international level, for the International Covenant on Civil and Political Rights.

Political of 1966 (with its two optional protocols) and the International Covenant on Human Rights
Economic, Social and Cultural (1966), together with the Universal Declaration of Human Rights
Humans (1948) that make up what has been conventionally called the International Bill of Human Rights

Humans.

At the regional level, the highlight goes mainly to the African Charter on Human Rights.
and of the Peoples, the main instrument for regional protection of Human Rights. Along with
instruments of Human Rights in the International and Regional Human Rights System
there are specific bodies intended for monitoring compliance by the State Parties of these treaties
and its obligations, with special emphasis on the United Nations Human Rights Council,
at the international level, and the African Commission on Human and Peoples' Rights, at the level
regional.

The main role of these international and regional institutions for the protection of rights
Humans is to receive and appreciate the periodic reports on the respect of Rights.
Humans subjected by the member states of these multilateral organizations,
called peer review mechanisms.

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 2.2. Human Rights in Mozambique

On the national level, Human Rights also find a consecration.

satisfactory. In Mozambique, since the conquest of independence, the theme of
Human rights are a concern for everyone, especially as a way of
report the rights and fundamental guarantees of citizens, previously denied to the majority of
population by colonialism.

The first Constitution of the People's Republic of Mozambique, promulgated in 1975,

established a series of rights for citizens and, according to the political system of
era focused on social, economic, and collective rights.

Even in this early period of the Republic of Mozambique, some treaties were ratified.
international and African human rights related, with emphasis on
United Nations Convention on the Elimination of All Forms of Discrimination
Racial from 1983 and the African Charter on Human and Peoples' Rights of 1989.

The political-ideological changes that occurred at the end of the 1980s, which had in
the approval of the Constitution of 1990 as its main landmark, allowed for the reinforcement and

expansion of the consecration and protection of the Human Rights of Mozambicans, in plan
national.

It was from this new constitutional text that fundamental rights and guarantees
they have taken root in the Mozambican legal system, with the consequent ratification of
most of the international and regional instruments in the area of Human Rights.
The Constitution of 2004, currently in force in Mozambique, reaffirmed its
commitment to the promotion and protection of Human Rights.

Since its preamble, we can find reaffirmed as principles and objectives

fundamentals of the Mozambican state "the respect and guarantee of rights and freedoms
fundamental rights of citizens" and the "defense and promotion of Human Rights and the
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social harmony individual,

Both in the Constitution of the Republic and in ordinary legislation, they are listed
various Fundamental/Human Rights enjoyed by Mozambican citizens, among others
which ones can we highlight:

• The right to life;

• The right to assistance in incapacity and old age;
• The right to education;
• The right to special protection and care for the well-being of the Child;
• The right to health;
• The right to the environment;
• The right to work, to remuneration, and job security;
• The Right of Property;
• The right of appeal to the courts;
• The equality of all before the law and non-discrimination;
• The freedom of association;
• The freedom of conscience, of religion and of worship;
• The freedom to establish, join and participate in political programs and parties;
• Freedom of expression and information;
• The freedom of residence and movement.
• The freedom of assembly and manifestation;
• The express prohibition of torture and cruel and inhuman treatment;
• Among others.

Apart from the substantial normative recognition of Human Rights, we find

also, at the national level, the existence of national protection institutions for
Human Rights, which range from generic institutions, such as Courts, Ombudsman
of Justice, ministerial departments, etc. up to specialized institutions, especially
National Commission on Human Rights, created by Law No. 33/2009 of 22
December.

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 If the normative and institutional consecration is a reality at the national level, Rights
Humans also constitute concrete objectives, reflected in various policies.
Mozambican public ones. As a rule, current public policies are not explicit about
relate your goal to Human Rights, but the specific policies, such as
the Environmental Policies and Labor Policy, for example, seek to achieve the
Human right to work and the human right to a healthy environment; while the
medium-term development policies, such as the Action Plan of the Mechanism
African Peer Review Mechanism (APRM) and the Government's Five-Year Program refer to
the importance of protection and promotion of Human Rights in various situations,
in addition to listing the strategies and priorities directly related to Rights
Humans, as in the areas of housing, gender, health, education, people with
deficiencies, among many others.

Meanwhile, studies point out that, notwithstanding this normative, institutional framework and of
public policies, the realization or implementation of Human Rights in the world goes through
for greater awareness among key actors regarding Rights
Humans, with a focus on citizens, about the existence, importance, and protection of
Human Rights.

2.3. The Challenge of Empowering Citizens in Human Rights Matters

At the national level, we can register a certain appropriation of the discourse of Rights.
Human beings by government institutions, with an increasing reference to Rights
Humans in official documents and other medium-term strategies, as well as in
sector policies and strategies.

However, the distance that separates discourse from practice is still very significant and, if the
its shortening goes through the clear assertion of the State, through its bodies and
agents, as promoter, protector, and provider of Human Rights, he also passes
for the empowerment of citizens in matters of Human Rights.

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The lack of full knowledge among citizens about their Human Rights and
how to protect them has significantly contributed to widening the gap between the
institutional regulatory framework, the government's discourse and the effective implementation of

Human Rights in Mozambique.

Build a national culture of Human Rights through education in

Human rights that encompass all segments of Mozambican society, from
from childhood to adulthood, it proves essential for the effective implementation of the
Human Rights in Mozambique. It is necessary to encourage the exercise of citizenship in
Human Rights, through not only the promotion of ethical and social values that enhance
the universality and diversity of actions that encourage attitudes and practices, in
compliance with Human Rights standards and, above all, empower the citizen
with tools for understanding, promoting, and defending Human Rights.

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 3. Final Considerations

It is concluded that the importance of respect for Human Rights in society

Mozambican. This study aimed to present an overview of the perception of
Mozambican citizens on Human Rights that serves for the Organizations of
Civil Society develops advocacy actions among policymakers
public, national and international institutions of Human Rights, partners of
cooperation, as well as developing actions with citizens, aimed at improving
the deficiencies resulting from their perception of Human Rights, having in
count those who are the universal standards in this matter.

This research aimed to analyze how the Mozambican police deal with rights.
humans of the citizens that should be protected, proposing some interpretative lines of
studied phenomenon. The work went far beyond the simple confirmation or denial of the
initial central hypothesis, that is, that police officers could act violently
against citizens through individual initiative and due to the weak culture in the matter of
human rights.

In fact, both hypotheses have largely been disproven and surpassed thanks to
the multitude of information that was possible to gather throughout the work, some
some already present in the public sphere, others directly contacted by the researcher.
Indeed, it is confirmed that the police officers, although there is no training
centered on human rights, they have the minimum bases to understand how to act with
local populations for this purpose, and therefore the violations they perpetrate do not
can be explained by the 'theory of ignorance'. On the other hand, it resulted in a way
also clear that, in general, the most serious abuses that the police commit against the
fundamental rights of citizens are generally the work of a more complex system of
that the individual particular will.

It is easily understood that this is a system that is difficult to discover and prove, but
that – through the analysis and typification of the analyzed cases – is configured coherently and
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logic. This system belongs to the police agents as mere executors of orders from
your hierarchical superiors, in many cases the highest political level, as well as the level
judiciary. Examples such as the management of street protests in 2008 and 2010 testify
that when the State feels threatened, the police are authorized to use excessive force
force, even killing people; the same can be said for the terrible cases of mass deaths in
chains of Montepuez, Mongincual and so many others that were not presented in this work.

The main result that this research brought was a clearer understanding of how the police operate.
with citizens regarding human rights, and because its violation has become almost
systematics. The research showed the complexity of such behavior and the typologies
through which it manifests itself. Human rights violations by the police
should be explained through a series of factors that the thesis seeks to analyze and present, from
institutional, cultural, historical, and political type, as well as in terms of training needs.
However, what deserves the most attention is the code of silence and silencing that the agents
they are subjected, which causes – in addition to the violations themselves – complicity of the very
police (and even judges) in relation to the sometimes brutal violations perpetrated by their
colleagues. The same silence has characterized the many attempts of the researcher to carry out
interviews, but which, to a large extent, resulted in a failure.

Of course, this being the first work that analyzes police action in Mozambique from
from the perspective of human rights, there is still much to be said: above all, the theoretical framework
the results of the empirical analysis will have to be tested and verified by other researchers;
secondly, the methodological gaps, which are based on information still
quite limited, due to the scarce availability of the members of the Ministry of the Interior,
as well as the police officers and the judges opening up to better understand the dynamics
that occur in cases of national relevance. This is associated with the extremely low quantity
of documents provided by various institutional stakeholders, so that the
research in this area will always be, in a country like Mozambique, extremely arduous and
problems. However, despite the difficulties highlighted above, the work presents lines
of investigation that we find to be relatively new and promising, and that will have to be
developed in the future, in other scientific works.
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 4. Bibliographic References

ANDRADE, JCV; The Fundamental Rights in the Portuguese Constitution of 1976

(2012) Almedina;

DURAN, Carlos Villan; Sur–International Journal of Human Rights, no. 5

(2006), "Shadows of the New United Nations Human Rights Council"

COLLEGE DE RIGHT YES UNIVERSITY EDUARDO

MONDLANE (2004), Contribution to the debate on constitutional amendment
Maputo: University Press;

MOZAMBICAN LEAGUE OF HUMAN RIGHTS (2005), Report

on Ratifications and Implementation of International Instruments of
Human Rights

ABRAHAMSSON, H. & NILSSON, A. (1995). Mozambique: the troubled transition

–from socialist construction to free market capitalism. London: Zen Books

AI (Amnesty International) (2009). Thirteen die in Mozambican police cell, 20

March 2009. Available at:Unable to fetch content from the provided URL.

BUSSOTTI, L. (2014). "The management of political risk in Mozambican democracy."

Analysis and perspectives, Sociology Studies, Vol. 2, No. 20

MOZAMBIQUE CANAL (2014). Revolutionary military court and the penalty of

death in Mozambique, 01/30/2014

a) LEGISLATION
• Civil Code
• Civil Procedure Code
• Constitution of the Republic of Mozambique

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