PUBLIC AUTHORITIES MUST NOT PREVENT THE EXERCISE OF FUNDAMENTAL RIGHTS OUTSIDE LEGAL LIMITS


The Ombudsman, Isaque Chande, argued this Thursday in Maputo that the Constitution of the Republic of Mozambique, as the supreme law of our state, is binding not only on private individuals, but also on the state itself, and therefore on the Police of the Republic of Mozambique (PRM). For this reason, he believes that the public authorities cannot prevent the exercise of a fundamental right outside the limits imposed by law.


Chande made this statement during a round table discussion on "Restoring Dialogue and Trust between Citizens, Police and Justice", stressing that we need to continue building strong public institutions, with the Constitution of the Republic, the laws and the national interest as their foundations.


"Respect for the law is demanded of all members of our political community, and is a fundamental condition for political stability and social harmony," said the Ombudsman, for whom it is essential to educate Mozambican society, particularly young people, so that they can freely express their opinions, criticize power, make demands and raise their voices against injustice, using the existing legal mechanisms to do so.


The Ombudsman calls on Mozambicans to seek mechanisms to strengthen their peaceful coexistence, regardless of their differences. "Mozambique is the common home of Mozambicans, regardless of their political affiliation, religious belief or social status, and so we must all be deeply involved in promoting social political stability," said the ombudsman, for whom the problems we are experiencing in exercising the right to freedom of assembly and demonstration are the result of a lack of voluntary compliance with the law, both by citizens and by the Police of the Republic of Mozambique.


In Isaque Chande's opinion, no human society can subsist in a stable and harmonious way without respecting the legal norms that regulate life in society. "For this reason, one of the essential prerequisites for the free exercise of the right to freedom of assembly and demonstration is respect for the legal framework in force on demonstrations," he stressed.


For his part, Fabião Nhancololo, Commander of the Police and Public Security Branch, in the General Command of the Police of the Republic of Mozambique, stressed that demonstrating is a right enshrined in the Constitution of the Republic and that this law defines the ways in which it must be observed, both by those who want to organize the demonstration and by the demonstrators as well as the Police of the Republic of Mozambique.


Speaking on behalf of the General Commander of the PRM, Nhancololo said that the lack of prior communication of the route, the elements involved and the ignorance of the promoters of the demonstrations contributed to complicating the work of the police more and more, especially in the post-election period, since the demonstrations were called via social networks.


"Prior notification helps both the police and the administrative authorities to organize themselves so that they can better monitor the process and prevent disorder or vandalization of property," said Nhancololo, adding that the IMD's initiative, together with the Office of the Ombudsman, to hold this round table "will allow us to delve deeper into the legal aspects and design strategies that can allow our society to better master the legal issues that regulate demonstrations, as well as improving institutions."


According to Nhancololo, the Police of the Republic of Mozambique focuses on prevention and "this round table is in the interests of the police because it will help prevent new conflicts and violent demonstrations".


IMD Defends Guaranteeing Order Without Losing Human Lives


The Institute for Multiparty Democracy (IMD) believes that Mozambicans cannot accept that the guarantee of order is translated into disproportionate repression and loss of life, nor that the demand for their fundamental rights is transformed into violence.


This information was made public this Thursday, the 12th, in Maputo, by the IMD's Program Coordinator, Osman Aly Cossing, during the opening of a Round Table on the theme: "Restoring Dialogue and Trust between Citizens, Police and Justice".


According to Cossing, in a state that wants to be governed by the rule of law, strong security and justice institutions are vital to guaranteeing order, protection and justice for all. However, these institutions can only play their full role if there are relationships based on trust, respect and cooperation with the citizens they serve.


In this context, reconciliation becomes an imperative, said Cossing, explaining that "restoring this relationship requires sincere dialog, mutual recognition and, above all, forgiveness. According to him, these are essential elements for healing wounds, re-establishing bridges and consolidating the social peace and stability we so long for."


In Cossing's view, Mozambicans therefore urgently need to multiply platforms for inclusive dialogue, where the voices of ordinary citizens, victims of violence, police forces, young protesters, magistrates, the ombudsman, the National Human Rights Commission, religious leaders and Civil Society Organizations can be heard with respect and the necessary dignity.


Cossing pointed to the post-election crisis and the episodes of violence that marked the period between October 2024 and the first months of 2025, as factors that brought to the surface a great distance between the citizen, the police and the justice institutions.


"The most worrying thing is that this distancing has led to direct confrontations that have resulted in the destruction of police stations and courthouses, as well as the loss of human lives, both of ordinary citizens and members of the security forces," Cossing stressed, adding that "these events have left visible and deep marks, with effects that still reverberate in our society and undermine the foundations of peaceful coexistence and institutional trust."


The IMD Program Coordinator also said that Mozambique needs peace and stability, a peace that is effectively felt by everyone. "And that peace begins with the ability to listen and be heard." On the occasion, Cossing said that "dialogue is a powerful tool for reconstruction and reconciliation", which is why the IMD saw the need to strengthen dialogue through the round table on "Restoring Dialogue and Trust between Citizens, Police and the Institutions of Justice", he stressed.


For his part, the President of the National Human Rights Commission (CNDH), Albashir Macassar, believes that the immediate challenge for the justice system is to ensure that human rights are respected and that justice does not become a tool of repression, but rather a bulwark of equality and the protection of all voices in society.


According to the President of the CNDH, in the context of the post-election demonstrations, the justice sector plays a fundamental role in maintaining social order and promoting an environment of dialogue between citizens and government institutions.


The President of the CNDH explained that the justice system, in addition to being a regulatory system, should serve as a mediator of conflicts, providing a space where social demands can be heard and considered within a legal framework that favors social peace.


"The role of justice, therefore, is to ensure that any actions taken in response to the demonstrations are appropriate, necessary and proportionate, as advocated by international agreements on the protection of human rights, to which Mozambique is a state party," said the President of the CNDH, explaining that "for this role to be exercised effectively, it is vital that the organs of justice are adequately equipped and willing to investigate allegations of abuse and ensure accountability."


Macasaar clarified that "in this panorama, access to justice emerges as a key aspect. To restore society's trust in institutions, it is essential that all citizens feel empowered to seek redress and justice, regardless of their social class or status.


Macassar also pointed out that in order to re-establish dialogue and trust between citizens, police and justice in the context of the post-election demonstrations, it is imperative to implement a set of recommendations that address both public policies and community engagement.


According to the CNDH, one of the first areas to tackle is the formulation of public policies that prioritize transparency and accountability. It also argued that promoting human rights-focused training for law and order agents should be a priority, enabling a more respectful and fair approach in interactions with demonstrators and citizens in general.


Also in his speech, Macassar said that the second line of recommendation indicated by the CNDH points to community engagement. "It should be intensified through collaborative initiatives that include the active participation of citizens in the construction of public security policies."


In their view, community forums that promote dialogue between members of civil society, representatives of government institutions and the justice system can foster a space where issues, concerns and expectations are discussed openly.


"These platforms not only strengthen social cohesion, but also allow for a better understanding of social dynamics and the needs of communities, adjusting their practices based on direct and constructive feedback," he explained.


The round table held on Thursday in Maputo is part of the implementation of the Pro-Civic and Human Rights project, financed by the Finnish Ministry of Foreign Affairs, through its Embassy in Maputo.

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