Mozambique: “There is no legal basis for the use of weapons of war” – Thomashausen

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Mozambique: “There is no legal basis for the use of weapons of war” – Thomashausen

1:47 CAT | 05 Nov 2024

File photo: DW

In an interview with Deutsche Welle (DW), international law expert Andre Thomashausen denounces arbitrary action by the authorities and speaks of a “violation of rights”. Weapons of war should only be used in a state of siege, duly declared by parliament, he warns.

In order to prevent the spread of mass post-election protests, police in Mozambique are restricting peoples’ right to free movement, in a serious violation of the freedoms enshrined in the constitution.

In recent days, the authorities have also been repressing the demonstrations with war material, such as armoured vehicles and the PKM weapons routinely seen in the hands of officers.

In an interview with DW, André Thomashausen explains that “there is no legal basis for the use” of these weapons. The international law expert stresses that this type of equipment can only be used in the event of a state of siege or emergency, duly declared by parliament. Thomashausen also warns of the economic consequences of the rebellion and advocates regional intervention in the Mozambican political crisis.

DW Africa: In Mozambique, there have been reports of inappropriate weapons , such as PKMs, being used against protests, and war vehicles can be seen on the avenues of the cities. Is the authorities’ intention simply to terrorize the public?

André Thomashausen (AT): There is no legal basis for the use of weapons of war in civilian situations. Freedom of demonstration, expression and opinion are enshrined in the constitution of Mozambique. They are fundamental rights of all Mozambicans and can only be suspended, within limits, in the event of a state of emergency or siege, something which must be declared by parliament, the National Assembly. In this case, there was no declaration of a state of siege, nor could there be, because I very much doubt that there is a majority of deputies in the Assembly willing to take this measure against citizens who want to demonstrate peacefully.

This action with armoured vehicles and heavy machine guns, the use of firearms, automatic rifles – of a calibre limited to the use of force in war and not in the maintenance of law and order in civil situations – are violations of the law.

DW Africa: The information we are receiving is that the Mozambican police have positioned themselves strategically at the entrances to the city of Maputo to prevent the protesters called by Venâncio Mondlane from entering for the final march on November 7th. Some are being detained and mistreated by the authorities. Are we facing serious constitutional violations, or rather, increasing violations of the constitution?

AT: Absolutely, and they began very aggressively on October 19, with the assassination of two key figures in the opposition party Podemos. Unfortunately, the current government, because it has not yet transferred the portfolios to the elected candidate, according to the official count [Daniel Chapo], is continuing with these orders. The current government continues with a policy, which I consider irresponsible, of trying, with the force of bullets, to prevent a demonstration from entering the city of Maputo. If they continue, there will be a bloody confrontation. And this is an attack on the progress and good image of Southern Africa.

These actions should be discussed in the SADC security body, which exists for this purpose, so that it can discuss with the Government of Mozambique the best response to the political crisis in the country, one that does not ruin Mozambique’s reputation as an investment destination and as a developing country in the subcontinent. We don’t need coups.

DW Africa: How can Mozambique try to reverse this situation at an international level, without taking a paternalistic approach? We have to remember that Mozambique is a member of several multilateral organizations…

AT: I think they should consider, and it’s not too late, meeting the demands of foreign election observers, who have asked for the checking of the count records to explain this catastrophic discrepancy in an official count, attributing 70% to one candidate.

READ: Mozambique Elections: EU EOM Mozambique’s third post-election press statement – Unabridged

Source: Deutsche Welle