MOZAMBIQUE

MOZAMBIQUE
English Summary

INTRODUCTION
Mozambique approved a new Constitution in 2004, which
provides for the right to information in Article 48. Though such
a right was already provided for in the 1990 Constitution, the
promulgation of the new base law inspired MISA Mozambique
to submit a draft to Parliament proposing a law on the right to
information. This proposal lay untouched for 9 years and only
after much lobbying by civil society did the National Assembly
initiate a process of public hearings on the matter. Under
pressure from civil society, a bill was eventually tabled and
a law was finally promulgated on December 31, 2014. The law
remained unimplemented for a year until the regulations were
approved on December 31, 2015.
So in effect, the current study has been conducted eight months
since legislation made it possible for the public to consult
information held by public institutions. At the same time, the
researchers assert that the weight of the legacy of the oneparty era, though it made way for a multi-party system 24 years
ago, is still felt in the culture of secrecy, fear and centralism,
predominant features of that era.
Since the introduction of the legislation, it does not yet seem
to have changed the environment of access to information in
Mozambique. The perception among civil society organisations,
journalists and research institutions is that the law is not yet
fully implemented, which makes it difficult to exercise the right
of access to information. Apart from the state’s inability to
respond promptly with human and financial resources, there are
a number of obstacles to full implementation of the law. These
include: information officers in each institution holding public
information that are meant to handle requests for information;
the poor state of archives at these institutions; the lack of
political will to implement the law; the culture secrecy, fear and
centralism, among other factors.
In 2016, the Danish NGO IBIS signed a memorandum of
understanding with the Government, through the Ministry of
State Administration and Civil Service (MAEFP) for a three-year
programme of capacity-building for civil servants and other
government agents in matters related to the right of access

to information and the use of information and communication
technologies in the provision of access to information.
So far, not much is available in terms of data on openness or
lack thereof at institutions holding information of public interest.
One study conducted earlier this year by two Mozambican NGOs
querying 49 entities, unfortunately does not provide detailed
information to enable the extraction of data.
It is interesting to note that Mozambican legislation on access
to information applies also to private entities which, in terms
of legislation or a contract, perform activities of public interest
and/or benefit from public resources and which hold information
of public interest.

SUMMARY OF KEY
FINDINGS
On conclusion of the survey, it would appear that
Mozambique still has a long way to go. This is in part
seen as a legacy of 24 years of one-party rule.
For the purposes of this study, the institutions were
evaluated on:
• The degree of difficulty in exercising the right to
access information;
• The time taken to respond to queries; and
• The type of information available on the website as
well as how updated it is.

Category 1: Website Analysis
With one exception (Missão Moçambique), the
institutions that were part of the study are present
online; however, although some are autonomous bodies
(Fundo de Promoção Desportiva), they do not have their
own websites, but rather a section or page on the site of
the ministry under which they fall. The researchers deem
it noteworthy that the sites of key public institutions, for
example the Ministry of Transport and Communications,

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