International Women's Day: Isaura Nyusi recognizes women's commitment to Mozambique's development
Picture: Sala da Paz
The Assembly of the Republic ratified the Declaration of the State of Emergency in Mozambique late on Tuesday (31/03), to start as of 00:00 on April 1. Parliament had previously instructed the Minister of Justice, Constitutional and Religious Affairs to rectify the Decree signed by Filipe Nyusi, as it violated certain constitutional rights and gave excessive powers to the government, @Verdade reports.
The deputies instructed the government to clarify that the limits imposed on the movement of people would only happen “if there was an exponential increase in cases of contamination”.
It was 10:26 p.m. when the unprecedented roll call for the ratification of the Declaration of the First State of Emergency ever in Mozambique began, as yet another measure to prevent the covid-19 pandemic. “Votes in favour?” Every one of 208 deputies present at the plenary session stood up.
Ratification was never in question, but the session, initially scheduled for 4 p.m., suffered several delays because the decree that President Filipe Nyusi sent to parliament violated Mozambicans’ right to movement, assembly and religion.
António Boene, Frelimo deputy and chairman of the Commission on Constitutional Affairs, Human Rights and Legality, recommended the representative of the Nyusi government, Minister Helena Khida, rearrange the Presidential decree: “displacement of paragraphs a), b ), c) and d) from article 4 to article 3 (…) because they are measures that limit citizens’ rights, freedoms and guarantees”.
“Article 4 (1) (a) and (b) should clarify the circumstances and conditions under which such limitation and imposition may occur,” Boene also recommended, replacing the word “monitoring” by “inspecting ”, in Article 4 (h) and replacing, in Article 6, “crime of disobedience” with ”sanction”.
For Renamo deputy Venâncio Mondlane, “although, in general, Renamo agrees that it is necessary to implement restrictive measures, from a legal point of view a violation of the Constitution of the Republic had been committed”.
“In article 172, the Constitution of the Republic imposes under what conditions individual rights may be limited and the legal bases that lead to the restriction of that right must always be presented,” Mondlane argued.
“Limiting the movement of people as long as there is an exponential increase in cases of contamination”
Fernando Bismarque, deputy and spokesman for the Democratic Movement of Mozambique (MDM), drew attention to the fact that “the State of Emergency Declaration in response to the Covid-19 pandemic should not be used for other purposes, such as the diversion of public resources on the margins of the Assembly of the Republic to feed the war efforts in Cabo Delgado”.
“We urge, once again, that the measures adopted within the scope of the State of Emergency be proportionate to the specific situation, so that the lives of citizens do not stop completely, such as, for example, small formal and informal trade, on which thousands of Mozambicans depend. Excessive measures against the daily survival of families may degenerate into social upheavals and a resurgence of violent crime in the country’s main cities,” he said.
Furthermore, and because the Presidential Decree was unclear and left the government much room for manoeuvre in imposing restrictions on fundamental rights without having the power to do so, Deputy Bismarque also appealed to the government “to always speak the truth to the people and keep parliament informed on the measures that are being taken, and that parliament be given the opportunity to discuss them. And it should clarify with great transparency the limitations on movement and confinement of people in the national territory, without prejudice to constitutional freedoms and the fight against the pandemic”.
Basically, the House of the People imposed a new wording of Article 3 of the Presidential Decree, which now includes 12 provisions that Filipe Nyusi had initially left under the authority of his government.
The rules included Paragraph 2, establishing: “The following special restrictive measures may also occur. Point a) Limitation of the internal movement of people in any part of the national territory, provided that there is an exponential increase in cases of contamination; b) Imposition of confinement at home or in an appropriate establishment, with preventative objectives, in cases of non-compliance with the measures imposed in paragraph d) of paragraph 1 of this article.”
Filipe Nyusi’s government is expected to announce details of all the limitations that the life of Mozambicans will suffer in the next 30 days on Wednesday (01/04), with the emphasis on the ban on circulation on public roads, except for the trips considered necessary and urgent such as: acquisition of essential goods and services; provision of essential services; obtaining health care; delivery of food or medicines at home; assistance to vulnerable people; participation in voluntary actions; participation in public acts in functioning institutions; search for banking services; access to the workplace, where applicable; and transportation of goods.
By Adérito Caldeira
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