Lei de Amnistia

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Country/entity
Mozambique
Region
Africa (excl MENA)
Agreement name
Lei de Amnistia
Date
12 Aug 2014
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Mozambique Civil War (1976 – 1992) and RENAMO Insurgency (2012 – ) )
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Mozambique process - recent
Parties
-
Third parties
-
Description
Addition to the Amnesty Law proposition proposing changes to the draft, includes complete Amnesty draft - including changes and corrections - annexed to this text.

Agreement document
MZ_140812_Lei_Amnistia_tr.pdf | Download PDF
Agreement document (original language)
MZ_140812_Lei_Amnistia.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
Rights related issues→Protection measures→Other
Article 2
The State will guarantee the protection against any criminal procedure on acts or facts covered by the Amnesty.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, articles 1 and 2:
Article 1
1. All citizens who committed crimes against National Security defined and punished by the Law 19/91, of 16th of August, or against the military or related crimes established by the Law 17/87 of the 21st of October are amnestied.
2. The amnesty applies to crimes committed against people and property, within the scope of military or connected hostilities that happened within the national territory from March of 2012 until the day this law will enter into force.
3. The Amnesty will also apply to similar cases that occurred in the District of Dondo, Administrative Post of Savane in 2002, in the District of Cheringoma, in 2004 and in the District of Marínguè in 2011.
4. Related crimes are those considered to be related in nature to military crimes and crimes against National Security.

Article 2
The State will guarantee the protection against any criminal procedure on acts or facts covered by the Amnesty.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
Copy on file with prof. Christine Bell

Amnesty Law, 2014, August

Since it is necessary to promote political stability, everlasting peace, trust, guarantees, and national reconciliation, under the protection of item V, number 2, of the article 179 of the Constitution of the Republic, the Republican Assembly determine:

Article 1

1. All citizens who committed crimes against National Security defined and punished by the Law 19/91, of 16th of August, or against the military or related crimes established by the Law 17/87 of the 21st of October are amnestied.

2. The amnesty applies to crimes committed against people and property, within the scope of military or connected hostilities that happened within the national territory from March of 2012 until the day this law will enter into force.

3. The Amnesty will also apply to similar cases that occurred in the District of Dondo, Administrative Post of Savane in 2002, in the District of Cheringoma, in 2004 and in the District of Marínguè in 2011.

4. Related crimes are those considered to be related in nature to military crimes and crimes against National Security.

Article 2

The State will guarantee the protection against any criminal procedure on acts or facts covered by the Amnesty.

Article 3

This Law will come into force on its date of publication

Approved by the Assembly of the Republic in August 2014

Signed by President of the Assembly of the Republic, Veronica Nataniel Macamo Dlhovo

Promulgated by the President of the Republic, Armando Emilio Guebuza