MOZAMBIQUE

TRANSPARENCY ASSESSMENT REPORT
INTRODUCTION

During the war in Cabo Delgado, there has been a
tendency by the State to revise laws and approve
new legal instruments ostensibly to combat terrorism.
However, this has threatened the right to information,
as it penalises citizens for disseminating classified
information, while public officials, who have an
obligation to protect such information, are not held
accountable.

Like other fundamental and universally recognised
rights, the right to information in Mozambique is covered
by Article 48 of the Constitution of the Republic of
Mozambique (CRM) within the framework of the general
peace agreement and the consequent establishment of
the Democratic State of Law in 1990. The CRM requires
that provisions related to human rights must be
interpreted in harmony with the Universal Declaration
of Human Rights and the African Charter on Human
and Peoples’ Rights, particularly concerning the right to
freedom of opinion and expression (Article 19) and the
right to information (Article 9).

A more coordinated effort among different actors,
particularly civil society organisations, working towards
democratising ATI in partnership with the government
is essential for strengthening the State’s institutional
capacity. This will promote a more favourable
institutional culture for the right to information and
enhance institutional capacity and awareness.

Significant reforms in the civil service have been
implemented in Mozambique, broadly associated
with transparency and the expansion of information
provision mechanisms through information and
communication technologies (ICTs). The approval of the
national information policy through Resolution No. 28 of
12 December 2000, Law No. 30/2001, which regulates the
functioning of public administration, and the Right to
Information Act (RTIA) are part of these efforts. However,
these do not effectively translate into improving the
provision of information to citizens. Among the most
common obstacles are (i) the institutional incapacity
for information management caused by the weak
understanding of the law by officials and (ii) the absence
of adequate infrastructure and channels that allow for
efficient management of state-protected information.

The fact that the legal instrument has been in effect
for nine years may create a false idea of maturity in
State institutions regarding their understanding of the
law. However, the observed contextual factors reported
in the 2020 Transparency Report demonstrate that the
State’s commitment can quickly change depending on
circumstances.
This study measured the level of readiness of public
institutions and state-owned companies to provide
information based on the application of the RTIA.
Approved in 2014, this legal instrument and its
corresponding regulations serve as a reference within
the national legal framework regarding access to
information (ATI) of public interest and fulfilment of
the constitutional principle of citizens’ democratic
participation in public life and guaranteeing related
fundamental rights.

The challenges of implementing the RTIA arise from
a context of heightened crises in recent years. The
COVID-19 pandemic, escalation of terrorist extremism
in Cabo Delgado in northern Mozambique, cyclical
natural disasters in the central and northern regions of
the country, and the economic crisis resulting from the
hidden debts scandal have forced the State to adopt
a dual approach. On the one hand, and within the
framework of the COVID-19 pandemic, state institutions
resorted to digitising services provided to citizens in
response to health protocols. On the other hand, they
reinforced a secretive culture, particularly regarding the
war in Cabo Delgado and the judicial processes related
to the so-called “hidden debts case” in the name of
judicial secrecy and State secrets.

RATIONALE AND RESEARCH
PARAMETERS
AIM OF THE STUDY
This survey targeted ten public organisations to
ascertain how responsive they are to information
inquiries by the public. The survey was carried out from
April to July 2023..

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Select target paragraph3