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
All citizens are equal before the law, and they shall enjoy the same rights and be subject to the same duties, regardless of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, the marital status of their parents, their profession or their political preference.
Men and women shall be equal before the law in all spheres of political, economic, social and cultural life.
1. In the Republic of Mozambique, there shall be the following courts:
a) the Supreme Court;
b) the Administrative Court;
c) the courts of justice.
2. There may be administrative courts, labour courts, fiscal courts, customs courts, admiralty courts, arbitration courts and community courts.
3. The powers, organisation and functioning of the courts referred to in the preceding paragraph shall be established by law, which may provide for a hierarchical order among courts from provincial courts to the Supreme Court.
4. The courts of justice shall have common jurisdiction in civil and criminal matters and shall exercise their jurisdiction over all areas not assigned to other jurisdictional orders.
5. At first instance, there may be courts of special jurisdiction and specialised courts to adjudicate particular matters.
6. The establishment of courts with exclusive jurisdiction to try specific categories of crimes shall not be permitted, subject to the provisions on courts martial.
1. In particular, the Administrative Court shall:
a) adjudicate cases concerning disputes arising from administrative legal relations;
b) adjudicate appeals lodged against decisions of State offices and of their office holders and agents;
c) hear appeals lodged against judgements delivered by administrative, fiscal and customs courts.
1. The Administrative Court shall be the highest body in the hierarchy of administrative, customs and fiscal courts.
2. The Administrative Court shall control the legality of administrative acts and the application of rules and regulations issued by the Public Administration, and it shall scrutinise the legality of public expenditure and the enforcement of liability for financial infractions.
All citizens shall have the right to medical and health care, within the terms of the law, and shall have the duty to promote and protect public health.
1. All citizens shall have the freedom to practice or not to practice a religion.
2. Nobody shall be discriminated against, persecuted, prejudiced, deprived of hisor her rights, or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice.
3. Religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for realising their objectives.
4. The protection of places of worship shall be ensured.
5. The right to conscientious objection shall be guaranteed in terms of the law.
1. Persons born in Mozambique after the proclamation of independence are Mozambican nationals.
2. This rule shall not apply to children born of a foreign father and a foreign mother, when either of them is in Mozambique in the employ of the government of his or her country.
3. The persons referred to in the preceding paragraph shall only have
Mozambican nationality if they declare, for themselves if they are over eighteen years of age, or through their legal representatives if younger than this, that they wish to be Mozambican.
4. The time limit for the declaration referred to in the preceding paragraph is one year, counting from the date of birth of the interested party, where the declaration is made by his or her legal representative, or from his or her eighteenth birthday, where the declaration is made personally.
Persons who have met the requirements for nationality by origin but have not acquired such nationality by virtue of a choice made by their legal representatives, shall be Mozambican, provided that they are over eighteen years of age and that, within one year after attaining the age of majority, they personally declare that they wish to be Mozambican.
1. A foreign person who has been married to a Mozambican citizen for at least five years acquires Mozambican nationality, except in cases of statelessness, provided that all of the following conditions are met:
a) that he or she declares that he or she wishes to acquire Mozambican nationality;
b) that he or she meets the requirements and offers the guarantees
prescribed by law.
2. The nationality acquired by the spouse shall not be prejudiced by the declaration of annulment or dissolution of the marriage.