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TITLE: MOZAMBIQUE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                           MOZAMBIQUE


Following decades of war, Mozambique enjoyed in 1994 its second
year of peace and a significantly improved human rights
situation.  In the country's first multiparty elections October
27-29, President Joaquim Chissano and the National Front for
the Liberation of Mozambique (FRELIMO, which has ruled
Mozambique since independence in 1975) won 53.3 percent of the
presidential vote and 44 percent of the parliamentary vote (129
of 250 legislative seats).  Afonso Dhlakama, the leader of the
former insurgent movement, the Mozambique National Resistance
(RENAMO), received 33.7 percent of the presidential vote
and--with a popular majority in half the provinces--38 percent
of the parliamentary vote (112 seats).  Although Dhlakama
threatened to pull out of the elections at the last minute and
later charged that there were serious irregularities in the
voting process, he said RENAMO would abide by the results.  The
U.N. Special Representative and other international observers
declared the elections generally free and fair.

On December 8-9, Chissano and the Parliament-elect were sworn
in.  At year's end, political tensions resurfaced after
Chissano declined to appoint any RENAMO members to the Cabinet
and resisted RENAMO's demands that they be consulted in the
naming of governors for the provinces in which RENAMO won a
majority of the vote.  RENAMO walked out of the opening
parliamentary session, protesting that FRELIMO was attempting
to continue one-party government as usual.  It remains to be
seen whether the new multiparty legislature will have any more
resources, authority, or independence than its predecessors.

Despite occasional lapses by both FRELIMO and RENAMO in
adhering to the General Peace Accord of October 1992 which
ended the civil war, the U.N. peacekeeping force (ONUMOZ)
successfully oversaw the cease-fire and the 2-year transition
to multiparty elections.  ONUMOZ's mandate ended December 9
with the swearing in of President Chissano; its withdrawal from
Mozambique is scheduled to be completed by January 31, 1995.

The status of the military and security apparatus remained in
flux for most of the year.  The Peace Accord specified that
FRELIMO and RENAMO would each transfer 15,000 soldiers to a
new, unified army.  However, in an attempt to keep a military
option open, both the Government and RENAMO made efforts to
slow the planned demobilization of their 75,000 (total) troops
and the establishment of the new Mozambique armed defense force
(FADM).  However, the pace of demobilization was forced when
thousands of disaffected soldiers, having waited months in
assembly areas, mutinied or simply deserted.  At year's end,
the FADM was comprised of only about 11,500 soldiers according
to the Government.  Given this downsized military establishment
and the absence of any threat from its neighbors, all of whom
are ruled by democratically elected governments, Mozambique
should find it possible to drastically reduce military
expenditures.

FRELIMO internal security forces included the controversial
intelligence arm, the State Information and Security Service
(SISE), the Criminal Investigation Police (PIC), the Mozambique
National Police (PRM), and the Rapid Reaction Police (PIR).
The Peace Accord placed SISE under the supervision of a
21-member monitoring committee (COMINFO) of government and
RENAMO representatives and independent citizens, and a 1993
Chissano-Dhlakama agreement gave ONUMOZ responsibility for
overseeing the Mozambican police force.  As part of this
agreement, almost 1,000 international civilian police (CIVPOL)
monitors arrived to monitor police activities.  Despite the
presence of the latter, police forces committed a number of
human rights abuses, and prior to the elections the Government
violated the Peace Accord by transferring a significant
quantity of arms and men to the police, including to the
presidential security force.

The economy is largely agricultural, with approximately 80
percent of the population involved in small scale, subsistence
farming.  Major exports are shrimp, sugar, cotton, and cashew
nuts.  While near normal rains and continuing peace permitted
many Mozambicans, including returning refugees and the
internally displaced, to farm their lands again, the economy
remained heavily dependent on foreign aid.  Mozambique,
continuing the transition from a centrally planned economy to a
market-based system, is privatizing many government-owned
companies and attempting to attract foreign investment.
Nevertheless, Mozambique, remains one of the world's poorest
countries, with a per capita income of only $80 annually.

Although the overall human rights situation in Mozambique
continued to improve in 1994, the Government, and to a lesser
extent RENAMO, continued to commit serious human rights
abuses.  Despite the presence of international police trainers,
police continued to commit abuses, including instances of
extrajudicial killings and excessive use of force, and
routinely beat and otherwise abused detainees.  The Government
rarely investigated such abuses or punished those responsible.
Citizens sometimes turned to mob justice as a way to counter
the ineffective and corrupt police force.  The weak judiciary
continued to be unable to implement constitutional guarantees
of individual human rights or provide an effective check on the
power of the executive branch.  Early in the year RENAMO and
FRELIMO traded accusations that they could not operate in areas
under each other's control.  Throughout the year, freedom of
movement was severely hampered at times by armed bandits and
FAM and RENAMO soldiers awaiting demobilization, who
contributed to criminal activity by blocking roads, detaining
civilians, and extorting money and food.  Other human rights
problems included harsh prison conditions, press restrictions,
and violence against women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no known reports of political killings by the
Government or RENAMO.  However, the Mozambique National Police
committed a number of extrajudicial killings.  For example, in
January in Nampula province, an off-duty police officer
arrested and subsequently beat to death a pharmacy owner.
Also, in July, in Quelimane in Zambezia province, police beat
to death a RENAMO guard, Andre Filipe, while he was in
custody.  As far as known, the Government took no action
against the officers involved in this incident.

The rise of criminal activity, combined with police corruption
and a weak judicial system (see Section l.e.) led to an
increase in mob-vigilante killings, often involving necklacing,
a method of killing and torture in which gasoline-filled tires
are placed around a victim's neck and set alight.  A medical
journal reported that doctors had treated 18 young men in
Maputo's central hospital over a 12-month period for severe
burns caused by necklacing.  Most of the 18 did not survive.
The local press frequently reported instances of angry mobs
beating or even lynching suspected thieves.

     b.  Disappearance

There was one report of an alleged government-perpetrated
disappearance.  In a complaint filed with the Cease-Fire
Commission (CCF), one of the commissions established to oversee
implementation of the Peace Accord, RENAMO accused the
Government of responsibility for the disappearance in May of
Renuge Paconote, a former government soldier, who claimed to
have evidence that the Government was training troops in
Tanzania in violation of the cease-fire.  The Government denied
the allegation and requested that the CCF suspend the
investigation.  The investigation proceeded but failed to reach
any conclusions about Paconote's whereabouts.

A number of members of the Presidential Guard, including
Alberto Gomes, remained missing in 1994, following government
suppression of a 1993 mutiny in the Guard.  The Government
reportedly refused to respond to a request by former soldiers
that it establish a commission of inquiry.   To date, there has
been no news of Gomes' whereabouts or any indication that there
will be an investigation into the matter.

In another case, a government soldier held by RENAMO at a base
in Zambezia in 1993 remained missing in 1994.  RENAMO claims
the soldier fled before he could be transferred to government
custody in October 1993.

The fate of thousands of Mozambicans who disappeared during the
civil war remain unresolved.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the Constitution expressly prohibits torture, there
were credible reports that the Mozambique Police Forces
routinely beat and whipped detainees, which sometimes resulted
in death (see Section 1.a.).  Police routinely assaulted those
suspected of even minor crimes.

In Montepuez, Cabo Delgado province, three RENAMO members were
detained by police in September for 3 days and severely beaten
before being released without charges.  In December RENAMO
leaders also maintained that their supporters were being
detained, harassed, and beaten by police in a number of
provinces, but these charges could not be confirmed.

Corruption in the police forces extended throughout the ranks;
the PRM also used threats of violence and detention to
intimidate people from reporting abuses, as in the case of
Rosario Sweleke, a Radio Mozambique journalist who reported on
alleged police criminal activity (see Section 2.a.).  On
occasion, the Government has taken action to counter police
abuses.  For example, in January the Interior Minister
announced that 100 police had been expelled because of
corruption and abuse of authority.  In December the Police
Commander of Maputo announced that 50 policemen were being
prosecuted for "irregularities" committed during the election
period.

Harsh prison conditions continued to deteriorate during the
year.  Medical and food supplies were often insufficient, and
overcrowding remained a serious problem.  In some provincial
prisons, men and women do not have separate facilities, and
violence against women, particularly rape by guards and other
prisoners, was a serious problem.  At year's end, Machava
prison, the largest in Mozambique, located on the outskirts of
Maputo, held over twice the number of inmates for which it was
built, and others held up to four times their intended
capacity.  The Government permitted international human rights
groups, including the International Committee of the Red Cross
(ICRC) access to prisons.

During 1994 RENAMO began to allow nongovernmental organizations
(NGO's) much greater access to children in their custody, some
of whom had been forced to become soldiers (see Section 5).

     d.  Arbitrary Arrest, Detention, or Exile

The law requires that most detainees be charged or released
within 30 days.  However, persons accused of the most serious
crimes, i.e. security offenses or those requiring a sentence of
more than 8 years, may be detained for up to 84 days without
being formally charged.  With court approval, such detainees
may be held for two additional periods of 84 days while the
police complete their investigation.  In practice, however,
these rules are often ignored.  The detainee's constitutional
rights to counsel and to contact relatives or friends are also
frequently not respected.  The Government has broad latitude
for determining what constitutes a security offense.

Citizens are also often unaware of their rights, particularly
those granted under the 1990 Constitution, and detainees may
spend many months, even years, in pretrial status.  In some
cases, detainees may be released from prison while the
investigation proceeds, but the bail system remains poorly
defined, and the police often take bribes to effect the release
of those who can afford to pay.  The law provides that if the
prescribed period for investigation has been completed and no
charges have been brought, the detainee must be released.  In
practice, however, this law is often ignored, in both regular
and security cases, in part because of the severe lack of
administrative personnel, trained judges, and sufficient
lawyers to monitor the judicial system (see Section 1.e.).

Throughout 1994 the serious backlog of pretrial detainees
continued, and the Government made little effort to address
this problem.  A Mozambican human rights organization, the
League of Human Rights (LDH), found that Machava prison alone
had over 500 prisoners awaiting trail beyond the
constitutionally mandated legal detention period.  In one case,
an attorney reported that a client had been held for 15 months
without trial only to be found not guilty when he was finally
able to stand trial.  In another case, the LDH reported that a
52-year-old woman, accused of her husband's murder, was still
awaiting trial after 3 years of detention.

In May the Nampula police detained Rosario Sweleke, a Radio
Mozambique journalist, on charges of defaming the local police
for reporting on alleged criminal police activity.  He was held
for several hours.

The 1990 Constitution expressly prohibits exile, and the
Government does not use exile as a means of political control.

     e.  Denial of Fair Public Trail

The 1990 Constitution formally established an independent
judiciary and specifically states that the decisions of the
courts take precedence over all other authorities and
individuals and must be obeyed.  Nevertheless, the executive,
and by extension the FRELIMO party, dominates the judiciary.
In general, judges are beholden for their positions to the
ruling FRELIMO party, which exercises significant influence on
all aspects of public life through the executive and through
party organs.  Moreover, the President appoints the members of
the most important tribunal, the Supreme Court, and prior to
the October elections, these were automatically ratified by the
FRELIMO-appointed National Assembly.  At year's end, it was
unclear whether the newly elected National Assembly would
assert it prerogatives and strengthen the independence of the
judiciary.

The Government has also ignored court decisions.  For example,
in August the Defense Ministry refused to obey a court order
that it compensate a goods vehicle driver for the loss of his
truck when an army driver ran into him in 1986.

There are two complementary formal justice systems--the
civil/criminal, which includes customary courts and the
military justice system.  At the apex of both systems is the
Supreme Court.  A 1991 law empowered the Supreme Court to
administer the civil/criminal system; it also hears appeals,
including military cases, although the Ministry of Defense
administers the military system.  In addition, local customary
courts handle matters such as estate and divorce cases.  In the
regular courts, all accused persons are in theory presumed
innocent and have the right to legal counsel and appeal, but
the authorities do not always respect these rights.

Since the establishment of the Supreme Court in 1988 and the
abolition of the Revolutionary Military Tribunal, persons
accused of crimes against the State are tried in common
civilian courts under standard criminal judicial procedures.  A
judge may order a trial closed because of national security
interests or to protect the privacy of the plaintiff in rape
cases.

RENAMO continued during the year to administer the areas under
its control through a rudimentary form of civil administration
and traditional courts, often using RENAMO commanders as judges.

The issue of political prisoners remained controversial.  In
1992 the Government held an estimated 400 to 550 national
security prisoners, most of whom were accused of sympathizing
with, or committing crimes on behalf of, RENAMO.  The October
1992 Rome Accords provided for the release of such prisoners,
and the National Assembly passed an amnesty law in 1992
allowing over 300 prisoners to be released.  In 1994, as in
1993, the Government claimed that there were no national
security prisoners.

However, in August  the National Information Commission
(COMINFO), established under the Peace Accord to monitor the
activities of SISE, accused the Government of continuing to
hold political prisoners.  COMINFO's RENAMO-appointed chairman
alleged that a RENAMO prisoner, Alexandre Niquisse, had been
released from prison only in August.  The COMINFO chairman
accused SISE of "hiding" approximately 60 political prisoners,
including Niquisse, in Inhambane province by reclassifying them
as criminals.  The chairman further speculated that more
political prisoners continued to be held in detention
throughout the country.  When interviewed by the press about
the allegations, the Minister of Justice downplayed the
seriousness of the charge, but he admitted that bureaucratic
mistakes could have occurred.  The Government's handling of the
Niquisse case lends credence to the COMINFO findings.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The 1990 Constitution provides for the right to privacy and
expressly prohibits the use of surveillance techniques.  By
law, police need a warrant to enter homes and businesses, but
in practice most policemen routinely operate without them.
During the war, police and security forces entered homes at
will, used a variety of surveillance techniques, and often
forced civilians to move into government-protected villages.
However, since the signing of the Rome Accords, the number of
reported incidents of intrusive government actions declined
markedly.

Although there are fewer reports of such activity, incidents of
illegal telephone wiretapping by Government intelligence
agencies allegedly still occur.  In November the independent
weekly Savana reported what it considered convincing evidence
that a telephone conversation between two of its journalists
was tapped.  The SISE denied the charge.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution, the 1991 Press Law, and the 1992 Rome Peace
Accords provide for freedom of expression and the press, except
in cases involving national defense considerations.  In
practice, however, the Government restricts these freedoms.
Although criticism of the President is not legally prohibited,
the 1991 Press Law holds that, in cases of defamation against
the President, truth is not a sufficient defense against
libel.  Although this law had not been tested in court, it
resulted in considerable media self-censorship and almost no
direct criticism of the President.

The Government dominates the media through direct control of
the most important means of reaching the public, radio and
television.  The Government owns Radio Mozambique and
Television Mozambique, TVM, and also controls, either directly
or indirectly, the most important newspapers such as Domingo
and Noticias.  Radio Mozambique reaches the largest number of
Mozambicans.  The official media do not criticize government
officials or policies, even though corruption at the
ministerial level is common knowledge.  The only independent
television station began its second year of broadcasts in
1994.  While independent administratively and financially from
the Government, the station is owned by a FRELIMO Central
Committee member, and programming has not taken an independent
political line.

The government-controlled media frequently ignored or distorted
Rome Accord issues and regularly criticized RENAMO military and
political leaders for alleged violations of the Accord.  The
government media also targeted the U.N. Special Representative
and various members of the diplomatic community, particularly
as the October elections approached.  They were subjected to an
orchestrated campaign which impugned their motives and falsely
alleged various conspiracies against the peace process.

There were several incidents in which security officials
harassed the press.  For example, in May the Nampula Chief of
Police castigated the media for criticizing the police, and the
police arbitrarily detained Radio Mozambique announcer Rosario
Swelke for several hours (see Section 1.c.).  The Governor
intervened to release Swelke, and the Higher Council of Social
Communications (CSCS), an oversight organ mandated by the Press
Law, and the Independent National Organization of Journalists
investigated the incident.

Notwithstanding the dominance of the official media, there is a
small, but growing independent press that includes several
daily facsimile (FAX) newsletters which carry opposition
viewpoints.  However, the influence of this independent press
and, for that matter, of the official press as well, is limited
largely to Maputo and the provincial capitals.

During the official 33-day election campaign, all parties,
including RENAMO and other opposition parties, had an
opportunity to present their views on Radio Mozambique and
television at no cost, in accordance with the Electoral Law,
and the guidelines established by the nonpartisan National
Elections Commission.  The media also featured nonpartisan
voter education programs.

RENAMO published a magazine, Novos Tempos, and its radio
station, Voz de Renamo, began nationwide shortwave and
Maputo-only FM broadcasts in 1994.  RENAMO continually
criticized the Government, often without any factual basis.

There are no formal restrictions on academic freedom, but, in
practice, teachers routinely adhere to self-censorship since
their employment depends on the State.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly, and there
were no known incidents of the authorities denying permission
for groups to hold public marches or demonstrations.  However,
security forces used excessive force on several occasions in
controlling unauthorized demonstrations, killing and wounding
several persons.  In July in Xai-Xai, Gaza province, rapid
intervention forces fired on crowds demanding the return of
possessions from PRM members they suspected of theft, injuring
several demonstrators.

During 1994, 18 registered political parties, including the two
largest, FRELIMO and RENAMO, held congresses and press
conferences and traveled in areas under government control.
Although the electoral campaign was generally peaceful, there
emerged a pattern of FRELIMO harassment of opposition parties
throughout the country.  This often involved heckling and
stoning opposition candidates and systematic defacing of
opposition campaign material.  FRELIMO also made extensive use
of state resources in its campaign and used governmental powers
to coerce campaign contributions from local businessmen.
FRELIMO accused RENAMO of preventing government campaigners
from going into RENAMO areas, but there was little independent
evidence to support these allegations.  RENAMO accepted the
electoral outcome, although it claimed that many irregularities
had prevented the process from being "fair."

     c.  Freedom of Religion

The Constitution mandates strict separation of church and
state.  It provides for the freedom to "practice or not
practice a religion" and also gives religious institutions the
right to own property and operate schools.  The Government
respects these rights in practice.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Constitution provides for freedom of travel within the
country and abroad.  The Government no longer requires citizens
to obtain permits from local authorities in order to travel
within the country.  The Government began to enforce a law
requiring disproportionately heavy fines for foreigners who
overstayed their visas.

The unstable security situation in the country remained the
greatest threat to freedom of movement.  In mid-1994,
government and RENAMO soldiers demanding immediate
demobilization frequently detained and robbed travelers along
major highways.  Using trumped-up charges, police also
frequently stopped truck drivers and foreign visitors and
demanded bribes from them.

During the year, RENAMO permitted increased travel to its
controlled areas, although it insisted that in order to ensure
safety, relief workers and others had to carry RENAMO passes.
During the initial phases of the voter registration campaign,
electoral workers hesitated to enter RENAMO zones unless
security guards were escorting them, but later they entered all
RENAMO zones freely.

With the end of the civil war and the return of the rains after
the worst drought on record in 1992, citizens who had been
internally displaced or had sought refuge in neighboring
countries, began to return in large numbers.  Under the
auspices of the United Nations High Commissioner for Refugees
(UNHCR) and with the assistance of the International
Organization of Migration, over 1.5 million refugees and most
of the 3.6 million displaced persons had returned to their
homes by year's end.

At the end of 1994, there were few refugees from other
countries, although 343 asylum seekers were awaiting
determination of their status.  There were no reported cases in
which refugees were forced to return to countries where they
might have a well-founded fear of persecution.