Fundamental Rights, Duties And Freedoms

                                          CHAPTER I. GENERAL PRINCIPLES

Article 66
All citizens are equal before the law. They shall enjoy the same rights, and shall be subject to the same duties regardless of color, race, sex, ethnic origin, place of birth, religion, educational level, social position, the legal status of their parents, or their profession.

Article 67  
Men and women shall be equal before the law in all spheres of political, economic, social and cultural affairs.

Article 68
Disabled citizens shall enjoy fully the rights enshrined in the Constitution and shall be subject to the same duties, with the exclusion of those rights and duties which their disability prevents them from undertaking.

Article 69
All acts intended to undermine national unity, disturb social harmony, or create divisions or situations of privilege or discrimination based on color, race, sex, ethnic origin, place of birth, religion, educational level, social position, physical or mental ability, the legal status of one's parents, or one's profession shall be punished according to law.

Article 70
1. All citizens shall have the right to life. All shall have the right to physical integrity and may not be subjected to torture or to cruel or inhuman treatment.
2. In the Republic of Mozambique there shall be no death penalty.

Article 71
All citizens shall have the right to their honor, good name and reputation, as well as the right to privacy and to defend their public image.

Article 72
All citizens shall have the right to live in, and the duty to defend, a balanced natural environment.

                          CHAPTER II. RIGHTS, DUTIES AND FREEDOMS

Article 73
1. All citizens shall have the right and the duty to participate in the process of extending and consolidating democracy at all levels of State and society.
2. Citizens 18 years of age and over shall have the right to vote and to be elected to office, with the exception of those legally deprived of this right.
3. The right to vote shall be personal and shall constitute a civic duty.

Article 74
1. All citizens shall have the right to freedom of expression and to freedom of the press as well as the right to information.
2. Freedom of expression, which includes the right to disseminate one's opinion by all legal means, and the right to information, shall not be limited by censorship.
3. Freedom of the press shall include in particular the freedom of journalistic expression and creativity, access to sources of information, protection of professional independence and confidentiality, and the right to publish newspapers and other publications.
4. The exercise of the rights and freedoms referred to in this article shall be regulated by law based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.

Article 75
All citizens shall have the right to freedom of assembly within the terms of the law.

Article 76
1. All citizens shall enjoy freedom of association.
2. Social organizations and associations shall, in accordance with the terms of the law, have the right to pursue their aims, to set up institutions designed to achieve their specific objectives and to own assets in order to carry out their activities.

Article 77
1.All citizens shall have freedom to form and to participate in political parties.
2.Party membership shall be voluntary, and shall derive from the freedom of citizens to associate on the basis of the same political ideals.

Article 78
1.All citizens shall have the freedom to practice or not to practice a religion.
2.Religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for the purpose of achieving these aims.

Article 79
1. All citizens shall have the right to freedom of scientific, technical, literary and artistic creativity.
2. The State shall protect rights related to intellectual property, including copyright, and shall promote the practice and dissemination of literature and art.

Article 80
1. To restore rights which have been violated or infringed, or in defense of the public interest, all citizens shall have the right to present petitions, complaints and claims before the relevant authority.
2. All citizens shall have the right not to comply with orders that are illegal or which would infringe upon their Constitutional or other legal rights.

Article 81
All citizens may contest acts that violate their rights recognized under the Constitution and other laws.

Article 82
All citizens shall have the right of recourse to the courts against any act which violates their rights recognized by the Constitution and the law.

Article 83
1. All citizens shall have the right to take up residence in any part of the national territory.
2. All citizens shall be free to travel inside the national territory and abroad, except those legally deprived of this right by the courts.

Article 84
1. It shall be a sacred duty and honor for all Mozambican citizens to participate in the defense of the country's independence, sovereignty and territorial integrity.
2. Military service shall be rendered according to terms established by law.

Article 85
1. All citizens shall have the duty to respect the Constitutional order.
2. Acts contrary to the Constitution shall be subject to sanction in accordance with the law.

            CHAPTER III. ECONOMIC AND SOCIAL RIGHTS AND DUTIES

Article 86
1. The State shall recognize and guarantee the right to ownership of property.
2. Expropriation may only take place on grounds of public need, use or interest, as defined by law, and there shall be just compensation.

Article 87
The State shall recognize and guarantee, within the terms of the law, the right of inheritance.

Article 88
1. Work shall be a right and a duty of all citizens, regardless of sex.
2. All citizens shall have the right to a free choice of profession.
3. Forced labor shall be forbidden, with the exception of work performed in the context of penal law.

Article 89
1. All employees shall have the right to just payment, to rest and to holidays.
2. Employees shall have the right to safe, secure and hygienic work conditions.
3. Employees may only be dismissed in accordance with the law.

Article 90
1. All employees shall have the freedom to organize professional associations or trade unions.
2. The exercise of trade union activity shall be regulated by law.

Article 91
1. Employees shall have the right to strike. The exercise of this right shall be regulated by law.
2. The law shall limit the exercise of the right to strike in essential services and activities, in the interests of the overriding needs of society.
3. Lockouts shall be prohibited.

Article 92
1. In the Republic of Mozambique education shall be a right and duty of all citizens.
2. The State shall promote greater and equal access to the enjoyment of this right by all citizens.

Article 93
1. Citizens shall have the right to physical education and to sport.
2. The State shall promote, through sporting and educational institutions, the practice and dissemination of physical education and sport.

Article 94
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 preserve health.

Article 95
1. All citizens shall have the right to assistance in the case of disability or old age.
2. The State shall promote and encourage the creation of conditions for achieving this right.

                    CHAPTER IV. GUARANTEES OF RIGHTS AND FREEDOMS

Article 96
1. Individual rights and freedoms shall be guaranteed by the State and shall be exercised within the framework of the Constitution and the law.
2. The exercise of rights and freedoms may only be limited where the public order or individual rights, freedoms and guarantees are endangered, or where force is used or threatened.

Article 97
The State shall be liable for damages caused by illegal acts of its agents which are committed in the exercise of their functions, without prejudice to the right of appeal in accordance with the law.

Article 98
1. In the Republic of Mozambique no one may be arrested and put on trial except within the terms of the law.
2. Persons charged with an offense shall enjoy the presumption of innocence until final judgment.

Article 99
1. No one may be punished for an act that was not considered a crime at the time it was committed.
2. Penal laws may be applied retroactively only in favor of the accused.

Article 100
1. The State shall guarantee the access of citizens to the courts. It shall guarantee to persons charged with an offense the right to defense and the right to legal assistance and aid.
2. The State shall make provision to ensure that justice is not denied for lack of resources.

Article 101
1. Preventive imprisonment shall only be permitted in cases provided for by the law which shall fix the duration and limits of such imprisonment.
2. Citizens held in preventive imprisonment shall, within the period fixed by law, be brought before the judicial authorities who alone shall have the power to decide on the validity and continuation of imprisonment.

Article 102
1. In case of illegal imprisonment or detention, citizens shall have the right to interpose a writ of habeas corpus.
2. The writ of habeas corpus shall be interposed before a court, and the procedures shall be fixed by law.

Article 103
1. Extradition may only take place by court decision.
2. Extradition for political motives shall not be authorized.
3. No Mozambican citizen may be expelled or extradited from the national territory.

Article 104
The home as well as the correspondence and other forms of private communication of citizens shall be
inviolable, except in such cases as specifically stipulated by law.

Article 105
1. The right to information, the freedom of the press, and the independence of the media, as well as broadcasting rights and the right to reply, shall be guaranteed by the Supreme Council for Mass Communication.
2. The law shall regulate the jurisdiction, composition and operation of the Supreme Council for Mass Communication.

Article 106
1. Individual freedoms and guarantees may only be temporarily limited or suspended in the event of declaration of a state of war, a state of siege, or a state of emergency.
2. A state of siege or state of emergency may not exceed six months and any extension must be made in the terms of the law.
3. The law shall define rules for a state of war, a state of siege and a state of emergency and shall establish judicial guarantees to protect the rights of citizens which are to be safeguarded.