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FILE - Mcomia, 2018. [File photo: AFP]
Analysts say that the declaration of a state of war in the northern Mozambican province of Cabo Delgado, as advocated by the president of the Democratic Movement of Mozambique(MDM), Daviz Simango, may not be advisable in an area hosting large foreign investments, in terms of the country’s international image. “It would create the image of an area at war, and an area at war is not an area for investment,” they claim.
It should be noted that Daviz Simango is not the first to advocate this course of action.
Speaking at the opening of the judicial year, the former Chair of the Mozambican Bar Association made the same suggestion in front of the head of state himself, saying that a war on terrorism in Cabo Delgado, according to an internationally recognised definition, might open up space for the conflict to be viewed differently.
“It is a political issue, because it would imply the use of other means. So far, it is the police who are dealing with this conflict, and therefore it is still a conflict of public disorder, and not seen as an attack on the state,” lawyer Tomás Vieira Mário said, pointing out that the declaration of a state of war has legal implications.
“Were it to exist, this would require a decision by the Constitutional Court to define the conflict at the level of war. This is not a decision to be taken lightly, because it has legal implications, both on the ground and in terms of the way the state acts. A state at war acts in a way which limits the liberty [of the citizens] in the area in conflict,” he said.
Another expert on the law, José Machicame, confirms that there are rules for declaring a state of war, because of the implications that this may have.
Machicame pointed out that Daviz Simango was not the first to advocate for the declaration of the state of war in Cabo Delgado. “Other internal and external entities have already advocated this point of view, and I think these entities have elements that allow them to do so,” said that lawyer.
Asked about the advantages and disadvantages of such a measure, he said: “Perhaps the advantages would be a clearer, stronger mobilization of the defence and security forces, namely the army. Which, perhaps, is not happening given the opacity with which the military operation is taking place in that area, because there isn’t a clear situation in relation to the scenario that is experienced there. The situation of declaring a state of war would create the context for a greater mobilisation.”
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