The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 81st Ordinary Session from 17 October to 6 November 2024;
Recalling its mandate of promotion and protection of human and peoples’ rights in Africa, pursuant to Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);
Recalling the relevant provisions of the African Charter on Human and Peoples' Rights relating to the protection of the right to life and human dignity, and the prevention of torture and extrajudicial and arbitrary executions;
Referring to the Constitutive Act of the African Union in its Article 3, Paragraph g) – promote democratic principles and institutions, popular participation and good governance; and Article 4, paragraphs m) – respect for democratic principles, human rights, the rule of law and good governance; and o) – respect for the sanctity of human life, condemnation and rejection of impunity and political assassination, acts of terrorism and subversive activities;
Recalling Article 2, No. 3 – promote the holding of regular, free and fair elections to institutionalize legitimate authority as well as democratic change of governments – and Article 3, which lists the principles accepted by States, in particular No. 11 on strengthening political pluralism and recognising the rights of political parties, including opposition political parties, as provided for in the African Charter on Democracy, Elections and Governance;
Recalling Resolution ACHPR/Res.115 (XXXXII) 07 urging Member States to ratify the African Charter on Democracy, Elections and Governance;
Deeply concerned by the serious violations of rights reported during the municipal elections of October 2023;
Concerned about police crackdowns during the elections, a matter that was already raised during the consideration of the State’s report last May, where it was recommended that political conditions conducive to the exercise of fundamental freedoms be created in the run-up to the general elections of October 2024;
Also concerned by reports of persecution and arbitrary detention of citizens during the current electoral period in Mozambique, as well as the intimidation of human rights defenders and the disproportionate use of force by the security forces to stifle peaceful demonstrations;
The Commission:
1. Condemns the human rights violations suffered by voters in Mozambique, in particular the deaths, injuries and intimidation of demonstrators, journalists and opposition activists during the post-election periods of 2023 and 2024;
2. Urges the State of Mozambique to ensure fulfilment of its international obligations with regard to civil and political rights, in particular the right to life, physical integrity and public participation, by guaranteeing a change of regime in a climate of stability;
3. Recommends that Mozambique adopt measures to guarantee respect for life, a proportionate use of force, and the prevention of torture and arbitrary extrajudicial executions;
4. Supports the pursuit of ongoing investigations in an impartial, inclusive and timely manner, with the publication of the findings as appropriate and the punishment of those responsible, thereby ensuring that such events are never repeated.
Done in Banjul, 6 November 2024.
