Last Change:

04/09/2025

Constitution of the Republic of Mozambique

Year: 2004

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

Description

The Constitution of Mozambique establishes the country's fundamental legal framework, outlining principles of national unity, democracy, social justice, and human rights. Article 20 states that "The Republic of Mozambique shall grant asylum to foreigners persecuted on the grounds of their struggle for national liberation, for democracy, for peace, and for the protection of human rights." 

Selected provisions
Article 2 - Sovereignty and Legality

1. Sovereignty is vested in the people.
2. The Mozambican people shall exercise their sovereignty in the manner provided for in the Constitution.
3. The State is subordinate to the Constitution and is founded on legality.
4. Constitutional rules shall prevail over all other rules of the legal order.

Article 3 - Democratic Rule of Law

The Republic of Mozambique is a State governed by the rule of law, based on pluralism of expression and democratic political organisation and on the respect for and guarantee of fundamental human rights and freedoms.

Artigo 5 - Nationality

1. A nacionalidade moçambicana pode ser originária ou adquirida
2. Os requisitos de atribuição, aquisição, perda e reaquisição da nacionalidade
são determinados pela Constituição e regulados por lei.

Article 18 - International Law

1. Validly approved and ratified International treaties and agreements shall enter into force in the Mozambican legal order once they have been officially published
and while they are internationally binding on the Mozambican State.
2. Norms of international law shall have the same force in the Mozambican legal order as have infra-constitutional legislative acts of the Assembly of the Republic and the Government, according to the respective manner in which they are received.

Article 23 - Jus Soli and Jus Sanguinis

1. The following persons shall, provided that they were born in Mozambique, be Mozambicans:
a) The children of a father or a mother who was born in Mozambique;
b) Children whose parents are stateless or of unknown nationality;
c) Those who were domiciled in Mozambique at the time of independence and did not choose any other nationality, expressly or tacitly.
2. The children of a Mozambican father or mother working for the Mozambican State outside the country shall be Mozambicans, even if born abroad.
3. The children of a Mozambican father or mother shall be Mozambican, even if born abroad, provided that they have expressly declared, either on their own behalf, if over eighteen years of age, or through their legal representatives, if younger, that they wish to be Mozambican.

Article 43 - Interpretation of Fundamental Rights

The constitutional principles in respect of fundamental rights shall be interpreted and integrated in harmony with the Universal Declaration of Human Rights and with the African Charter of Human and Peoples Rights.

Article 62 - Access to Courts

1. The State shall guarantee that citizens have access to the courts and that persons charged with a crime have the right to defence and the right to legal assistance and aid.
2. The accused shall have the right freely to choose a defence counsel to assist in all acts of the proceedings. It shall be ensured that adequate legal assistance and aid is given to accused persons who, for economic reasons, are unable to engage their own attorney.

Article 27 - Naturalization

1. Mozambican nationality may be granted by naturalisation to foreigners who, at the time of submission of their application, meet all the following conditions:
a) that they have resided in Mozambique habitually and regularly for at least ten years;
b) that they are over eighteen years of age;
c) that they know Portuguese or a Mozambican language;
d) that they have command of their person and are capable of ensuring their own subsistence;
e) that they have civic probity;
f) that they meet the requirements and offer the guarantees prescribed by law.
2. The conditions set out in paragraphs a) and c) shall be waived for foreigners who have rendered relevant services to the Mozambican State, in the terms prescribed by law.

Article 59 - Right to Liberty and to Security

1. In the Republic of Mozambique everyone has the right to security and nobody shall be detained and put on trial except in accordance with the law.
2. Accused persons shall enjoy a presumption of innocence until final court judgement has been passed.
3. No citizen shall be tried more than once for the same crime, nor shall a penalty be imposed that was not provided for, or is heavier than the one that was applicable, at the time when the criminal offence was committed.

Article 66 - Habeas corpus

1. In the case of unlawful imprisonment or detention, the citizen shall have the right to interpose a writ of habeas corpus.

2. The writ of habeas corpus shall be interposed before a court, which shall decide on the matter within a period not longer than eight days.

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