Maputo, 06 Oct (AIM) – The Mozambican Bar Association (OAM) believes that peace will only be sustainable when it is grounded in respect for the Constitution, protection of fundamental rights, the effective functioning of the justice system, and the credibility of institutions.
According to OAM Chairperson, Thera Tobias Dai, speaking on the occasion of the 34th anniversary of the signing of the General Peace Agreement between the government and the former rebel movement Renamo on 4 October 1992, the Constitution of the Republic is a key element in the national reconciliation process and peace cannot be reduced merely to the absence of armed conflict.
“It must translate into the tangible lives of citizens through legal protections, respect for human rights, freedom to participate in public life, the proper functioning of institutions, and a justice system capable of meeting society’s needs”, she said.
Dai explained that the Constitution must serve as the primary foundation for peace because it is basic law that defines “Mozambique as a democratic state based on social justice and establishes that sovereignty resides with the people. These principles cannot remain merely formal declarations. They must effectively guide the exercise of power and the conduct of institutions.”
The Chairperson asserts that the strength of the Constitution must be demonstrated above all during times of crisis, ensuring that power remains subordinate to the law and that fundamental rights are protected, regardless of the circumstances or the individuals involved.
“Peace, from this perspective, requires authority exercised within legal limits, as well as freedom accompanied by responsibility, and a justice system capable of ensuring that no one is above the law and no one falls outside its protection”, she said.
According to Dai, the wounds left by the 2024 electoral process cannot be ignored, “it recalls concerns previously rose regarding the transparency, credibility, and regularity of various stages of the electoral process, as well as the need to reform and professionalize the bodies responsible for electoral administration.”
She cited data from the Human Rights Commission’s report on the 2024 election period, which recorded 4,236 arrests deemed illegal, over 3,000 citizens injured, 737 people shot, and 323 deaths.
“Democracy does not end at the ballot box. National reconciliation must be grounded in truth, the acknowledgment of problems, the correction of flaws, and the establishment of guarantees”, she explained.
The OAM notes that it is not its role to assign blame or to substitute the Public Prosecutor’s Office and the courts. However, it is incumbent upon the organization to demand that the facts be investigated and that, whenever unlawful acts are proven, accountability be enforced in accordance with the law and through due process.
“The use of force must adhere to the principles of legality, necessity, proportionality, and strict indispensability, while any instances of excessive force must be investigated in a competent, independent, impartial, and expeditious manner”, she said.
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