Lei de Amnistia

Export agreement:

Export agreement coding (PDF)

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 – )
The Mozambique conflict has roots in the independence movement launched by the Mozambique Liberation Front (FRELIMO) (est. 1962) against Portuguese colonization. Despite the insurgency, independence only came a year after a military coup d’état in Lisbon overthrew the longstanding ‘Estado Novo’ dictatorship. Nonetheless, FRELIMO installed itself as the ruling party and officially became a Marxist-Leninist party in 1977. Fierce fighting broke out in the Cold War context, between the FRELIMO, supported by the Soviet Bloc, and the anti-Communist Mozambique National Resistance (RENAMO) movement, which received funding from neighbouring ‘white’ regimes in Rhodesia and later on, South Africa. After the death of President Somaro Moises Machel in a plane crash in 1986, the presidency passed to Joaquim Alberto Chissano who encouraged political pluralism, particularly following the collapse of the Soviet Union in 1989. Following the Rome Peace Accords in 1992, FRELIMO won the country’s first multi-party election in 1994.

Political tensions began to rise after the 2002 presidential elections, which RENAMO argued were fraudulent. These continued until a low-level outbreak of violence by RENAMO fighters targeting police and economic infrastructure. A new peace accord was signed between RENAMO and FRELIMO in September 2014, but RENAMO’s later refusal to accept the terms of the 2014 Presidential election, as well as government difficulties in disarming RENAMO fighters led to a breakdown of the accord in August 2015. Since then, clashes have renewed between the two parties.
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 (opens in new tab) | Download PDF
Agreement document (original language): MZ_140812_Lei_Amnistia.pdf (opens in new tab)| 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