База данных по гендерной проблематике и правам на землю


Права, закрепленные в Конституции

The Constitution adopted in 1975, amended and supplemented in 1990 and in 2004:

  • The land is owned by the State and all and every person have access to land and other natural resources through various mechanisms in the context of legal pluralism and constitutional provisions established.
  • Article 4, Legal pluralism: The State recognizes the different legal and conflict resolution systems that coexist in the Mozambican society as far as they do not contravene the fundamental values and principles of the Constitution.
  • Article 11, Fundamental Objectives
    c) the building of a society of social justice and the achievement of material and spiritual well being and quality of life for its citizens;
    d) the promotion of balanced economic, social and regional development in the country;
    e) the defence and promotion of human rights and of the equality of citizens before the law;
    f) the strengthening of democracy, freedom, social stability and social and individual harmony;
    g) the promotion of a society of pluralism, tolerance and a culture of peace;
    i) the affirmation of the Mozambican identity, of its traditions and other social and cultural values;
  • Article 35, Principle of Universality and Equality:
    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.
  • Article 36, Principle of Gender Equality: Men and women shall be equal before the law in all spheres of political, economic, social and cultural life.
  • Article 44, Duties Towards One’s Fellow Beings: All individuals shall have the duty to respect and consider their fellow beings without any form of discrimination whatsoever, and to maintain relations with them aimed at promoting, safeguarding and strengthening respect, mutual tolerance and solidarity.
  • Article 82, Right of Ownership:
    1. The State shall recognise and guarantee the right of ownership of property.
    2. Expropriation may take place only for reasons of public necessity, utility, or interest, as defined in the terms of the law, and subject to payment of fair compensation.
  • Article 84, Right to Work:
    1. Work shall be a right and a duty of every citizen.
    2. All citizens shall have the right freely to choose their profession.
    3. Forced labour shall be prohibited, except where the work is performed within the framework of penal legislation.
  • Article 103, Agriculture: 1. In the Republic of Mozambique, agriculture shall be the basis for national development. 2. The State shall guarantee and promote rural development in order to meet the growing and diverse needs of the people, and for the economic and social progress of the country.
  • Article 109, Land: 1. All ownership of land shall vest in the State. 2. Land may not be sold or otherwise disposed of, nor may it be mortgaged or subject to attachment. 3. As a universal means for the creation of wealth and of social well being, the use and enjoyment of land shall be the right of all the Mozambican people.
  • Article 110, Use and Enjoyment of Land:
    1. The State shall determine the conditions under which land may be used and enjoyed.
    2. The right to use and benefit from land shall be granted to individual or corporate persons, taking into account its social or economic purpose.
  • Article 111, Rights Acquired Through Inheritance or Occupation of Land: In granting titles for the use and enjoyment of land, the State shall recognise and protect rights acquired through inheritance or by occupation, unless there is a legal reservation or the land has been lawfully granted to another person or entity.
  • Article 119, Family:
    1. The family is the fundamental unit and the basis of society.
    2. The State shall, in accordance with the law, recognise and protect marriage as the institution that secures the pursuit of family objectives.
    3. In the context of the development of social relations based on respect for human dignity, the State shall guarantee the principle that marriage is based on free consent.
    4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage.
  • Article 120, Motherhood and Fatherhood:
    1. Motherhood and fatherhood shall be afforded dignity and protection.
    2. The family shall be responsible for raising children in a harmonious manner, and shall teach the new generations moral, ethical and social values.
    3. The family and the State shall ensure the education of children, bringing them up in the values of national unity, love for the motherland, equality among men and women, respect and social solidarity.
    4. Fathers and mothers shall support children born out of wedlock and those born in wedlock.
  • Article 122, Women:
    1. The State shall promote, support and value the development of women, and shall encourage their growing role in society, in all spheres of political, economic, social and cultural life of the country.
    2. The State shall recognise and hold in high esteem the participation of women in the national liberation struggle and in the defence of sovereignty and democracy.” (10)