Constitution of Mozambique

Status: Republic with executive President

Legislature: Assembléia da República de Moçambique

Independence: 25 June 1975

A new constitution was adopted in November 1990, replacing the independence constitution. Separating executive, legislative and judiciary powers, it enshrined the principles of political pluralism and election by secret ballot of a government based on majority rule. The president is head of state and government and is directly elected every five years for a maximum of two terms. He or she appoints the prime minister and council of ministers. The national legislature is the 250-member Assembléia da República, members of which are also elected by direct, universal adult suffrage every five years.

The 1990 constitution abolished the death penalty, affirmed the right to strike and protected freedom of movement. It also avows the right to live in a ‘balanced environment’ and establishes the framework for a liberal market economy and the private ownership of land.

Under the constitution that was adopted in November 2004 and came into force in January 2005, the Constitutional Council was established to ensure strict observance of the constitution, including the electoral acts; also established was the Council of State – comprising the prime minister, and representatives of the opposition and civil society – to advise the president on specific matters. The ombudsman ensures protection of citizens’ rights in the public realm. The new constitution emphasises that its interpretation should always be consistent with the Universal Declaration of Human Rights.