32/6 Report of the Working Group on the Universal Periodic Review - Mozambique

Human Rights Council Thirty-second session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Mozambique

*

The annex is being circulated in the language of submission only.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 5

II. Conclusions and/or recommendations .............................................................................................. 14

Annex

Composition of the delegation ......................................................................................................... 27

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fourth session from 18 to 29

January 2016. The review of Mozambique was held at the 3rd meeting on 19 January 2016.

The delegation of Mozambique was headed by the Minister of Justice, Constitutional and

Religious Affairs Abdurremane Lino de Almeida. At its 10th meeting, held on 22 January

2016, the Working Group adopted the report on Mozambique.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of El Salvador, Ghana and India.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Mozambique:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/24/MOZ/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/24/MOZ/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/24/MOZ/3).

4. A list of questions prepared in advance by the Czech Republic, Germany,

Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden and the United

Kingdom of Great Britain and Northern Ireland was transmitted to Mozambique through

the troika. These questions are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. Mozambique indicated that the responsibility for preparing the report had fallen on

the Interministerial Working Group for Human Rights. The process had included the broad

participation of all stakeholders, including representatives of civil society organizations.

6. Mozambique recalled that it had accepted 161 recommendations from a total of 169

made during the first review cycle and that it was honoured to report that the Government

had managed to implement nearly 90 per cent of them.

7. Since the last review, the country had ratified the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families and the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.

8. In addition, the country had acceded to the 1954 Convention relating to the Status of

Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The process

of the adoption of the Code of Penal Procedure and the Code of Penitentiary Executions

was under way.

9. Mozambique indicated that it would be doing its best to comply with its obligations

in receiving visits of special procedure mandate holders and expressed the desire that

pending visits take place as soon as possible.

10. Mozambique reported its great efforts to regularize its reporting to the specialized

United Nations and African Union mechanisms. The latest reports had been presented to

the Human Rights Committee and the Committee against Torture, both in October 2013,

and to the African Commission on Human and Peoples’ Rights, in June 2014.

11. The reports on the Convention on the Elimination of All Forms of Discrimination

against Women, the Convention on the Rights of the Child and the Convention on the

Persons with Disabilities had already been submitted to the pertinent committees.

12. In compliance with its international commitments, particularly the Vienna

Ministerial Declaration and Plan of Action of the Least Developed Countries, Mozambique

had established the National Human Rights Commission and the Ombudsman in 2012, in

the light of the principles relating to the status of national institutions for the promotion and

protection of human rights (the Paris Principles).

13. Mozambique thanked OHCHR for the technical and financial support the latter had

provided to the National Human Rights Commission and the country’s business and human

rights initiative, especially in the organization of a national workshop with all stakeholders.

14. On business and human rights, the Government would undertake a joint study with

civil society organizations, which would culminate in the presentation of a report on the

impact of business on human rights of Mozambicans.

15. The President was available to engage with all national stakeholders for the sake of

peace, national unity and development, through a constructive dialogue. To date, five

general elections had been held with success — presidential and legislative — in 1994,

1999, 2004, 2009 and 2014, in the efforts aimed at deepening political and civil rights, as

well as the democratic process.

16. Furthermore, the decentralization process was ongoing.

17. Regarding correctional services, the Government had approved Law No. 3/2013,

which established the National Penitentiary Service and its Organic Statute and Staff

Regulations on fulfilling the duties of prison guard. Providing legal aid to prisoners with no

means to hire their own lawyers was still a challenge, despite the work done by the Institute

for Legal Assistance.

18. The number of persons in preventive detention receiving legal aid stood at around 50

per cent. The country’s President had announced in December 2015 the pardon of the

sentences of 1,000 inmates, who had already been released from prison, as a humanitarian

and goodwill gesture. The country had made strides on gender equality. Of the 250

members of Parliament, 100 were women, which corresponded to 40 per cent of seats.

Women ministers comprised 28.6 per cent of the Cabinet, while 20 per cent of vice-

ministers were women.

19. In conclusion, Mozambique renewed the country’s commitment to the promotion

and protection of all human rights for all Mozambicans, inter alia, by strengthening State

institutions and encouraging the participation of the civil society (non-governmental

organizations, media etc.), in all human development activities, with the support of the

international community.

B. Interactive dialogue and responses by the State under review

20. During the interactive dialogue, 94 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

21. Côte d’Ivoire noted the financial contribution of Mozambique to OHCHR in 2013

and the ratification of international legal instruments. It also commended the country on

legislative reform on relevant human rights, in particular the 2014 Penal Code.

22. Cuba highlighted the work done regarding women’s participation in politics,

combating poverty and improving health-care coverage.

23. Cyprus commended the accession of Mozambique to a number of international

human rights instrument. It welcomed the adoption of the new Penal Code reinforcing the

legal framework for the protection of women and children’s rights. Cyprus remained

concerned about gender-based discrimination and violence.

24. The Czech Republic welcomed the delegation.

25. The Democratic Republic of the Congo noted the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families and the Optional Protocol to the Convention against Torture since the previous

review, encouraging the ratification of the Optional Protocol to the International Covenant

on Economic, Social and Cultural Rights and the First Optional Protocol to the

International Covenant on Civil and Political Rights. It also emphasized the need for

Mozambique to issue invitations to special procedure mandate holders.

26. Denmark noted the ratification of the Optional Protocol to the Convention against

Torture, the adoption of a law on information, the new Penal Code legalizing abortion and

decriminalizing homosexuality, and steps to prevent early childhood marriage. It welcomed

the establishment of the National Human Rights Commission and the Ombudsman, asking

about how Mozambique ensured that those institutions became fully operational.

27. Djibouti commended Mozambique on the progress made in implementing the

supported recommendations. It also encouraged the country to redouble its efforts for the

promotion and protection of human rights.

28. Nigeria noted the legal and institutional framework for the promotion and protection

of human rights, including constitutional provisions, accession to international legal

instruments, the establishment of the National Human Rights Commission and the

appointment of an Ombudsman, who regularly reported to Parliament.

29. Ethiopia noted encouraging outcomes in the areas of combating corruption and the

fight against poverty, as well as in the education sector.

30. Finland noted the remaining social and regional inequalities in Mozambique, while

recognizing government efforts to improve equality through increasing bilingual education

in primary schooling.

31. France welcomed the delegation.

32. Georgia noted the ratification of the Optional Protocol to the Convention against

Torture, the Convention on the Rights of Persons with Disabilities, the Convention relating

to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

33. Germany welcomed the adoption of a law on freedom of information, the new Penal

Code, and the shortening of pretrial detention, as well as improved regulation of the

protection of victims and witnesses in criminal proceedings. It encouraged reforms in

prison conditions.

34. Ghana commended Mozambique on the establishment of the National Human

Rights Commission and the Ombudsman. It expressed concern about allegations of killings,

torture, arbitrary detentions, extrajudicial executions, excessive use of force and ill-

treatment of detainees.

35. The Holy See acknowledged the creation of the National Human Rights

Commission and efforts to prevent trafficking in persons, such as the adoption of the

National Action Plan for the Advancement of Women.

36. India welcomed the conduct of regular elections and the initiatives for

decentralization aimed at improving the transparency and accountability of local

authorities. It noted the establishment of the National Human Rights Commission and the

election of the Ombudsman by Parliament. It appreciated that 40 per cent of

parliamentarians were women and the formulation of the Poverty Action Plan.

37. Indonesia appreciated the establishment of the National Human Rights Commission

and the Ombudsman Office, and the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families and the

Optional Protocol to the Convention against Torture, as well as the improvements in

strengthening the legal and political frameworks. It also noted the expansion of school

networks and increased access to education, while acknowledging the challenges related to

literacy, especially for girls

38. Iraq expressed appreciation for Mozambican efforts in the promotion of human

rights, particularly acceding to international treaties. It supported the continuation of the

work to establish the principles of human rights within the society.

39. Ireland asked about the steps taken to implement the previously supported

recommendation to repeal legislation requiring the transfer of pregnant girls to night-time

schools. Ireland expressed concern about the current high levels of child mortality and

about criminal defamation.

40. Italy welcomed the enhancement of the legal and institutional framework of

Mozambique, the ratification of key international legal instruments and positive

cooperation with international and regional special procedure mechanisms.

41. Kenya commended efforts to improve living conditions through implementation of

progressive social policies. It noted improvements in the enjoyment of the right to

education through the expansion of the school networks, focusing on rural areas.

42. Latvia welcomed the criminalization of various forms of sexual violence and abuse,

the 2014 Law on Access to Information and the establishment of the National Human

Rights Commission. It expressed concern about continuing attacks, intimidation and

harassment of journalists.

43. Lesotho appreciated the ratification of the majority of core international human

rights treaties.

44. Libya welcomed the implementing almost 90 per cent of the universal periodic

review recommendations, appreciating in particular the enactment of the Penal Code, which

strengthened the commitment of Mozambique to fulfil its obligations towards women and

children, specifically criminalizing all forms of violence and sexual assaults. The

commended establishing the National Human Rights Commission.

45. Luxembourg commended Mozambique on the establishment of the National Human

Rights Commission and the ratification of the Optional Protocol to the Convention against

Torture.

46. Madagascar commended the ratification of the Optional Protocol to the Convention

against Torture, measures to improve the legal and institutional framework and efforts to

protect the rights of women, children and persons with disabilities.

47. Malaysia noted the establishment of the National Human Rights Commission, the

efforts towards decentralization of local governments and an increase in women’s

representation in decision-making.

48. Mauritania commended the appointment of the Ombudsman, the ratification of the

International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families and the Optional Protocol to the Convention against Torture.

49. Mauritius commended ongoing reform measures aimed at reducing poverty,

eliminating discrimination against women, increasing access to sanitation and potable water

and better health services. It acknowledged the adoption of the new Penal Code with

improved compliance with women and children’s rights.

50. Mexico welcomed the ratification of the Convention on the Rights of Persons with

Disabilities and the creation of the National Council for Children’s Rights. Mexico

encouraged the Government to harmonize its normative framework.

51. Montenegro commended the adoption of the new Penal Code. Montenegro asked

about the measures undertaken to break the cultural silence and underreporting of violence

against children in all settings.

52. Morocco congratulated Mozambique on its efforts in reforming the justice sector,

extending judicial coverage and improving access to legal aid. It encouraged Mozambique

to fight prison overcrowding with alternative sentences.

53. Myanmar commended the strong commitment to improve gender equality and the

advancement of women by adopting measures to eliminate discrimination against women

and to protect them against trafficking, sexual abuse and gender-based violence.

54. Namibia observed the steady progress in State institution-building, democracy and

peacebuilding and urged Mozambique to address underlying and proximate causes of

violent conflict. It commended the measures taken to ensure that the National Human

Rights Commission became operational and the election of the Ombudsman in 2012.

55. The Netherlands commended progress with respect to the rights of women, children

and lesbian, gay, bisexual, transgender and intersex persons. It was concerned that

abortions would continue to occur outside hospitals under unsafe conditions unless services

were made available and accessible countrywide. It was concerned with the legal

framework restricting civil society rights to assembly, association and registration.

56. New Zealand welcomed the announcement that Mozambique had been declared free

of landmines. It commended the improvement of the security environment since the civil

war. It welcomed the commitment to ratify the International Covenant on Economic, Social

and Cultural Rights and strengthen the human right framework by acceding to Optional

Protocol to the Convention against Torture and enacting the new Penal Code.

57. Nicaragua highlighted efforts to fight corruption. It noted the significant progress

made in achieving universal access to health. It encouraged Mozambique to promote

greater community participation in the implementation of social programmes.

58. The Niger noted the ratification of the majority of international human rights

instruments and cooperation with international and regional special procedure mechanisms.

It appreciated efforts to promote women’s participation in public affairs.

59. Egypt noted the progress since the first review, particularly with respect to the rights

of women and children, including by enacting the Penal Code, establishing the National

Human Rights Commission and holding elections. It enquired of measures taken to enhance

the capacity of law enforcement officials.

60. Norway commended the adoption of the new Penal Code and recommended that

grant funding from, inter alia, the World Bank’s Global Financing Facility in support of

Every Woman, Every Child, be used to strengthen access to safe abortion services.

61. Pakistan appreciated the concerted efforts to implement the first universal periodic

review recommendations and steps taken in the past four years. It commended the ongoing

reforms and legislative process to strengthen human rights, appreciating cooperation with

the human rights mechanisms, including treaty bodies.

62. Panama congratulated Mozambique on its progress in implementing

recommendations accepted during the first universal periodic review cycle and its accession

to the Convention on the Rights of Persons with Disabilities and its Optional Protocol.

63. The Philippines encouraged Mozambique to address concerns about the reported

high maternal mortality rate and the relatively low access to education of girls. It noted the

economic challenges hampering the fulfilment of its human rights obligations, particularly

gender discrimination.

64. Poland appreciated the efforts and the progress made in the implementation of the

first universal periodic review recommendations. It appreciated the accession of

Mozambique to the Convention on the Rights of Persons with Disabilities and Optional

Protocol to the Convention against Torture, noting that further improvement was still

needed.

65. Portugal congratulated Mozambique for revising the Penal Code to criminalize drug

trafficking and other crimes in order to ensure the implementation of the universal periodic

review recommendations. It urged the country to approve the criminal procedure code as a

priority and train legal practitioners.

66. The Russian Federation noted the positive developments in the human rights

situation, particularly regarding the rights of women, children and the elderly. It welcomed

the establishment of the National Human Rights Commission and the election of the

Ombudsman. It appreciated the efforts to prevent and suppress the practice of human

trafficking.

67. Senegal commended the strengthening of the national human rights framework

through the new Penal Code and the Law on Access to Information, and the creation of the

National Human Rights Commission and the appointment of the Ombudsman. It welcomed

the accession of Mozambique to several human rights conventions, which reflected its

willingness to realize human rights.

68. Serbia welcomed the country’s efforts in promoting and protecting human rights

since the first review and encouraged it to bring the National Human Rights Commission

into compliance with the Paris Principles. It encouraged Mozambique to take further steps

in cooperating with the human rights mechanisms and to consider issuing a standing

invitation to the special procedures.

69. Sierra Leone commended the progress made since the first review, including the

enactment of the Penal Code and the implementation of various policies. It encouraged

further promotion of women rights and concrete measures to improve the quality of

education and reform the education system.

70. In its reply, Mozambique reported that the Government had increased its human and

financial resources to improve the conditions in detention centres. It had rehabilitated and

built new prisons at district level, including a youth recovery centre, established youth

sections in various prison facilities and introduced measures and alternative sanctions to

imprisonment under the new Penal Code.

71. As regarded the accession of Mozambique to the International Covenant on

Economic, Social and Cultural Rights, consultations at various levels with a view to its

ratification were under way.

72. On the existing mechanisms for the assurance of impartiality and independence of

the work of the National Human Rights Commission, the Government explained that the

Commission had been created in compliance with the spirit of the Paris Principles. Indeed,

its pluralistic composition and independence from any State body allowed the National

Human Rights Commission to function without any interference.

73. On the measures to prevent domestic violence and sexual harassment of women and

girls, domestic violence was a crime penalized under the Law on Domestic Violence and in

the Penal Code. Additionally, the Government had approved, in 2012, a multi-stakeholder

integrated mechanism for the assistance of victims of violence.

74. With regard to the revision of legislation and policies for elimination of child

marriage and other harmful and discriminatory practices towards women and girls, the

Government had approved the National Strategy for Preventing and Combating Early

Marriages, which aimed to create an enabling environment for the progressive reduction

and elimination of such practices.

75. Singapore welcomed the strengthening of State institutions to promote and uphold

human rights by prioritizing legal, institutional, economic and social reforms to combat

corruption and to ensure better delivery of public services. It noted the expansion of the

schools network and the implementation of programmes to improve education in schools.

76. Slovakia noted that gender-based violence remained a serious problem despite the

legislative progress in protection of women and children from violence through the

enactment of the new Penal Code in 2014. It encouraged improving its implementation by

raising the awareness of the public and law enforcement officials. It shared concerns

expressed by the Committee against Torture and invited Mozambique to end impunity and

investigate cases of alleged police extrajudicial killings, torture and ill-treatment.

77. Slovenia welcomed the adoption of the new Penal Code criminalizing gender-based

violence and establishing a legal and policy framework, although it noted that such violence

continued. It noted reports that child marriage, adolescent pregnancy and HIV infections

remained alarming common. It regretted reports of police use of excessive force, arbitrary

detention and the use of defamation laws restricting freedom of expression.

78. South Africa welcomed the 2015-2019 programme to improve public services

delivery and to contribute to economic and social development efforts. It noted the

introduction of universal access to antiretroviral treatment for pregnant women living with

HIV, geared towards the elimination of mother-to-child transmission. It encouraged

Mozambique to continue its efforts to guarantee the right to development.

79. South Sudan noted the cooperation with OHCHR and human rights mechanisms. It

welcomed the peaceful presidential and legislative elections. It appreciated that

Mozambique was hosting refugees and asylum seekers. It applauded the country’s efforts to

empower women and ensure their participation at all level of governance institutions,

recognizing that discrimination against women was still a major challenge. It encouraged

Mozambique to continue implementing the remaining recommendations of previous cycle.

80. Spain commended the progress made by the operationalization of the National

Human Rights Commission and the election of the Ombudsman and the improvement of

the independence of the judiciary and the increase of women’s participation in Parliament,

and welcomed the ratification of Optional Protocol to the Convention against Torture. It

noted that half of Mozambique had no access to safe drinking water and sanitation.

81. Swaziland observed that Mozambique had successfully addressed most of the

recommendations of the previous review, ratifying and domesticating legal instruments. It

commended progress on gender issues, particularly in the growth of women’s participation

in decision-making positions and in education, health, economic and social development

programmes.

82. Sweden welcomed the new National Strategy for Preventing and Combating Early

Marriages and stated that stated that Mozambique has the tenth highest rate thereof in the

world, while marriages involving persons under 18 years of age represented 48 per cent of

marriages, as current legislation allowed marriage from the age of 16 with parental consent.

It noted that the new Penal Code did not outlaw discrimination on the basis of sexual

orientation and gender identity.

83. Switzerland noted with concern that the right to freedom of expression was not

always guaranteed and the fact that defaming the Head of State and other public figures was

punishable by law. Regarding extraction of natural resources, it was concerned with the

lack of sufficient involvement of rural communities in decisions that might have negative

consequences on their lives.

84. Thailand commended the progress in implementing recommendations, particularly

the ratification of the Convention on the Rights of Persons with Disabilities. It commended

the plan to fight HIV/AIDS, and to promote the right to health. It appreciated efforts

strengthening legislation to protect women and children.

85. Timor-Leste commended Mozambique for the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families, the adoption of the new Penal Code in 2014 and the establishment of the National

Human Rights Commission.

86. Togo congratulated Mozambique for its demining programme and encouraged it to

continue the implementation of the programme of assistance to victims.

87. Turkey noted with satisfaction the accession of Mozambique to the International

Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families. It also welcomed the pacific and transparent elections held in 2014. It encouraged

Mozambique to accelerate its efforts in fighting corruption.

88. Uganda considered that establishment of the National Council for Children’s Rights

and the National Human Rights Commission demonstrated that Mozambique was making

solid efforts to promote and protect human rights.

89. Ukraine acknowledged the progress made by Mozambique. It noted the

strengthening of the national legal and institutional framework in the education sector and

reforms in the health sector.

90. The United Kingdom of Great Britain and Northern Ireland commended the revision

of the Penal Code. It was concerned that the rights of citizens who did not support the

Government could be undermined.

91. The United Republic of Tanzania noted the achievements of Mozambique in the

eradication of poverty and the provision of affordable housing and clean and safe water. It

called on the international community to heed the request of Mozambique for technical

assistance.

92. The United States of America applauded the enactment of the new Penal Code. It

was concerned over the lack of progress on several issues from the previous review,

including continued allegations of arbitrary arrest and detention.

93. Uruguay highlighted Mozambican efforts to fulfil its obligations in submitting

reports to the treaty monitoring bodies. It welcomed its efforts on gender equality, but

expressed concern about reported discrimination and violence.

94. The Bolivarian Republic of Venezuela was pleased by the creation of the National

Human Rights Commission and the Ombudsman. It noted an improvement of health

indicators, among others vaccination coverage for infants under 2 years old.

95. Zambia commended Mozambique for the implementation of some of the

recommendations from the first review, but noted that, despite the positive steps taken,

challenges remained.

96. Zimbabwe noted the progress of Mozambique in expanding school enrolment and

measures increase the enrolment of girls. It also noted progress in increasing the

representation of women in public life and the ratification of further instruments.

97. Afghanistan welcomed the commitment of Mozambique to the promotion and

protection of human rights and its efforts to regularize its reporting to the United Nations

human rights mechanisms.

98. Algeria congratulated Mozambique for its level of cooperation with regional and

United Nations human rights mechanisms. It noted the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families and the Optional Protocol to the Convention against Torture.

99. Angola underlined the determination of Mozambique to protect human rights, as

enshrined in its Constitution. It welcomed the ratification of the International Convention

on the Protection of the Rights of All Migrant Workers and Members of Their Families and

the Optional Protocol to the Convention against Torture.

100. Argentina welcomed the ratification of the Optional Protocol to the Convention

against Torture and noted the concerns of the Special Rapporteur on extreme poverty and

human rights concerning discrimination and abuse of girls in schools.

101. Australia expressed concern about continuing reports of arbitrary detention, torture

and ill-treatment. It recognized that same-sex sexual activity had been decriminalized, but

noted the lack of specific protection against discrimination.

102. Austria noted Mozambican efforts to improve the administration of justice.

However, it noted that the justice system continued to face procedural delays, overcrowding

of prisons and deterioration of prison conditions.

103. Bangladesh noted the establishment of the National Human Rights Commission, the

ratification of international instruments and the formulation of the second National Action

Plan for Children. Economic challenges meant that Mozambique warranted further

technical assistance.

104. Belgium celebrated the adoption of the new Penal Code and the Law on Access to

Information. It encouraged additional efforts in fighting impunity and ensuring judicial

independence and access to justice.

105. Benin appreciated the ratification of the Optional Protocol to the Convention against

Torture, the adoption of the new Penal Code and the draft legislation on access to

information.

106. The Plurinational State of Bolivia wished to offer recommendations to Mozambique

in a constructive spirit.

107. Botswana welcomed the creation of the National Human Rights Commission and

the establishment of the Office of the Ombudsman. However, it noted reports of child debt

bondage, child abuse and child labour.

108. Brazil noted the initiatives of Mozambique to foster political participation and

especially praised the increased participation of women at all levels of decision-making.

109. Burundi welcomed the ratification of instruments such as the Optional Protocol to

the Convention against Torture and the creation of the Ombudsman, as well as the

introduction of civic, moral and human rights education in schools. It noted the different

measures aimed at improving access to health services and HIV treatment. It celebrated the

creation of the National Council for Children’s Rights.

110. Canada suggested the enactment of a new criminal procedure code to implement

alternatives to imprisonment. It commended Mozambique for taking action to decriminalize

same-sex conduct.

111. Chad noted that Mozambique was party to most human right international

instruments. It encouraged Mozambique to keep on cooperating with the Human Rights

Council, the United Nations and the African Union.

112. Chile acknowledged significant advances made by Mozambique, among them,

constituting a multisectoral mechanism to assist victims of gender violence, ratifying the

Optional Protocol to the Convention against Torture and setting up social housing policies.

113. China commended Mozambique for receiving a large number of refugees from other

African countries. The country was committed to fighting corruption, promoting social

justice and protecting women’s rights. It was taking emergency measures to deal with the

impact of natural disasters.

114. The Congo noted the development of the institutional framework for the protection

of human rights. It encouraged Mozambique to continue modernizing places of detentions

and ensuring protection for refugees and stateless persons.

115. Costa Rica acknowledged advances in the political representation of women and the

establishment of the “green line” to complain of inappropriate police conduct. It expressed

concern for child labour, arbitrary detention and limits on freedom of expression.

116. Tunisia noted the ratification of the Convention on the Rights of Persons with

Disabilities and the Optional Protocol to the Convention against Torture and the adoption of

a national plan to implement universal periodic review recommendations.

117. Mozambique stated that, regarding the mistreatment of prisoners, the Government

focused on the training and development of human resources in related areas, by providing

regular and executive courses and training activities, including on matters relating to human

rights. Organizational and structural reform was in progress and had already resulted in the

adoption of legal instruments such as the new Police Law (2013), the Disciplinary Rules of

the Police (2014) and the modernization and strengthening of the National Penitentiary

Service.

118. On measures to bring to justice perpetrators of crimes against journalists and opinion

makers, Mozambique stated that, in the event of a crime, including the ones mentioned by

delegations, the Government undertook proceedings to bring perpetrators to court. Relating

to the killing of Professor Gilles Cistac and journalist Paulo Machava, the Government was

working hard to bring the perpetrators to justice. To tackle the phenomenon of the

kidnapping and killing of people with albinism, the Government had approved a specific

action plan to protect and assist the victims. The plan provided for, among other measures,

the development of public awareness-raising campaigns to demystify beliefs and erroneous

perceptions about people with albinism. There were also joint actions in place between

Mozambique and the countries of the region aiming at preventing the trafficking of people

with albinism.

119. As for the transfer of pregnant girls to evening classes, the matter was being

assessed due to the sensitivity of the issue. A multisectoral group had been created to

consult with different segments of society.

120. On the protection of girls from sexual abuse, specific measures had been put in place

namely: penalization under the Penal Code of those who engaged in sexual acts with

minors; campaigns against sexual harassment and abuse of girls in school and community;

and imposition of sanctions against teachers or education employees who had sexual

involvement with students.

121. Relating to measures to combat early school dropout, the following measures had

been taken: expansion of the school network, with more schools situated near communities

to reduce the distance between home and school; provision of schoolbooks and education

materials for primary education; and provision of a fund to support disadvantaged and

vulnerable students.

122. On measures to ensure that pregnant girls and young mothers had the opportunity to

complete their education, they were encouraged to continue their studies through the

provision of opportunities for further study during pregnancy and after delivery.

123. With regard to elections, there was a revision of the Electoral Law, allowing greater

partisan representation, better oversight of elections and greater transparency. Civic

education campaigns were also undertaken.

124. To date, five general elections — presidential and legislative — had been held with

success in 1994, 1999, 2004, 2009 and 2014, as part of the efforts aiming at deepening the

political and civil rights, as well as the democratic process. Furthermore, the

decentralization process was ongoing.

125. Regarding violence and abuse against the older persons, the protection of that

category of citizens was ensured by a mechanism providing assistance to family and child

victims of violence. Mozambique also had an institutional mechanism for considering

issues relating to older persons, the National Council for Social Action. Law 3/2014 on the

Promotion and Protection of the Rights of the Elderly provided for fines for the ill-

treatment of older persons. The main challenges faced in this area were: the dissemination

of legal instruments protecting the rights of older persons; the translation into national

languages of the legal instruments that promote and protect their rights; and awareness-

raising among practitioners of traditional medicine and community leaders in protecting

older persons.

126. Regarding the ratification of the Rome Statute in its 2010 version, in the light of the

unfolding political and legal developments, the country had opted for further studying that

instrument. Nevertheless, Mozambique assumed the principle of complementarity between

the Rome Statute and the domestic laws.

127. Regarding the International Covenant on Economic, Social and Cultural Rights, the

process for acceding to that Covenant was now at an advanced stage. In the foreseeable

future, a proposal for acceding to the Covenant would be submitted to the Cabinet for

scrutiny. Subsequently, that proposal would be submitted to the Parliament, which was the

competent body under the auspices of the Constitution for approving the proposal and

binding Mozambique to that instrument. It was hoped that this would take place within the

parliamentary session of 2016.

II. Conclusions and/or recommendations

128. The recommendations listed below have been examined by Mozambique and

enjoy the support of Mozambique:

128.1 Ratify the Optional Protocol to the International Covenant on Civil

and Political Rights and the International Covenant on Economic, Social and

Cultural Rights (Australia);

128.2 Become party to and implement the International Covenant on

Economic, Social and Cultural Rights and the First Optional Protocol to the

International Covenant on Civil and Political Rights as soon as possible (New

Zealand);

128.3 Accede to the International Covenant on Economic, Social and

Cultural Rights (France) (Georgia);

128.4 Ratify the International Covenant on Economic, Social and Cultural

Rights and its Optional Protocol (Ghana);

128.5 Ratify the International Covenant on Economic, Social and Cultural

Rights (Germany) (Kenya) (Montenegro) (Turkey) (Timor-Leste) (Poland)

(Tunisia);

128.6 Sign and ratify the International Covenant on Economic, Social and

Cultural Rights (Spain);

128.7 Consider ratifying the International Covenant on Economic, Social

and Cultural Rights (Indonesia);

128.8 Consider ratification of the International Covenant on Economic,

Social and Cultural Rights as accepted during the first cycle review (Namibia);

128.9 Ratify the International Covenant on Economic, Social and Cultural

Rights and its Optional Protocol and the Optional Protocol to the Convention

on the Rights of the Child on a communications procedure (Portugal);

128.10 Take necessary measures to ratify the International Covenant on

Economic, Social and Cultural Rights and the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure

(Slovakia);

128.11 Ratify the Convention against Discrimination in Education (Ghana);

128.12 Ratify the Marrakesh Treaty to Facilitate Access to Published Works

for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

(Brazil);

128.13 Adopt as a matter of priority the Code of Criminal Procedure and

promote the training of justice officials (Portugal);

128.14 Swiftly adopt a new Penal Procedure Code and Correctional

Execution Code to allow for alternative sentencing (Norway);

128.15 Continue strengthening the institutional capacity of promotion and

protection of human rights (Cuba);

**

The conclusions and recommendations have not been edited.

128.16 Continue the reforms to improve policies and programmes towards

promotion and protection of all human rights (Lesotho);

128.17 Operationalize the National Human Rights Commission and ensure

that its operating is in line with the Paris Principles (Morocco);

128.18 Continue its efforts for the operationalization of the National Human

Rights Commission (South Africa);

128.19 Redouble its efforts to guarantee the independence of the National

Human Rights Commission and provide it with the necessary resources

(Libya);

128.20 Intensify its efforts with a view to creating the conditions in order

that the National Human Rights Commission conform with the Paris Principles

(Niger);

128.21 Strengthen the independence of the National Human Rights

Commission and provide it with the necessary resources to fulfil its mandate

(Egypt);

128.22 Ensure that the National Human Rights Commission has sufficient

resources, personnel and a clear mandate to carry out its work in line with the

Paris Principles (Norway);

128.23 Strengthen technical and human capacity and the independence of

the National Human Rights Commission and the Ombudsman, according to the

Paris Principles (Costa Rica);

128.24 Ensure that the National Human Rights Commission with the

sufficient resources to be able to acquit itself of its mandate, fully respecting the

Paris Principles (Tunisia);

128.25 Strengthen its efforts to introduce human rights education in the

curriculum and training programmes (Senegal);

128.26 Strengthen its ongoing Public Education Programme on Human

Rights (Zimbabwe);

128.27 Utilize opportunities to obtain grant funding inter alia from the

World Bank’s Global Financing Facility (Norway);

128.28 Continue to actively engage its international partners with the view to

seek technical and other assistance to build and strengthen institutional and

operational capacities for human rights (Philippines);

128.29 Engage stakeholders such as civil society organizations, the private

sector, local communities, donors, and multilateral institutions in the

realization of the fundamental international principles on human rights

protection (Ukraine);

128.30 Engage the civil society in the follow-up implementation process of

the universal periodic review recommendations (Poland);

128.31 Submit overdue reports to the relevant treaty bodies (Sierra Leone);

128.32 Transmit to the Committee on the Rights of the Child the combined

third and fourth periodic reports and the reports for the two Optional

Protocols to the Convention within the scheduled time (Uruguay);

128.33 Issue a standing invitation to the special procedures (Turkey);

128.34 Extend a standing invitation to the Human Rights Council’s special

procedures (Poland) (Georgia);

128.35 Extend a standing invitation to all special procedures mandate

holders and respond positively to all outstanding requests of mandate holders

to visit the country (Latvia);

128.36 Formally accept a request to visit by the Special Rapporteur on

extrajudicial, summary or arbitrary executions and issue an invite in 2016

(United Kingdom of Great Britain and Northern Ireland);

128.37 Respond positively to the request of the Special Rapporteur on

extrajudicial, summary or arbitrary executions to undertake a country visit

(United States of America);

128.38 Take concrete measures to fulfil its obligations under the Convention

against Torture and to accept the request of the Special Rapporteur on

extrajudicial, summary or arbitrary executions to visit the country (Sweden);

128.39 Consider taking appropriate action at the legislative level in order to

ensure protection from all forms of discrimination (Serbia);

128.40 Continue its efforts in gender mainstreaming in education and

employment (Bangladesh);

128.41 Continue the efforts to achieve stability in the society (Iraq);

128.42 Continue its efforts in the area of eliminating all forms of

discrimination in the society (Iraq);

128.43 Fight effectively against all forms of discrimination against women,

older people and people with albinism (Djibouti);

128.44 Increase its efforts to safeguard the human rights of women, ageing

people, persons with disabilities and children, in particular street children

(Holy See);

128.45 Ensure that its anti-discrimination laws and policies are fully

implemented (Philippines);

128.46 Strengthen its policy of promoting gender equality (Côte d’Ivoire);

128.47 Redouble efforts to eliminate discrimination against women (South

Sudan);

128.48 Consider the adoption of appropriate policies to additionally promote

gender equality in public affairs and to enforce strict sanctions against all kinds

of discrimination and abuse of women’s rights (Serbia);

128.49 Continue implementing measures to improve gender equality in the

country and to eliminate discrimination against women (Cuba);

128.50 Strengthen the fight against all forms of discrimination against

women, in particular violence against women and girls by ensuring the strict

and effective application of relevant laws and policies (Luxembourg);

128.51 Consider incorporating gender equality in all its policies (Bolivia

(Plurinational State of));

128.52 Take all the necessary measures to implement and enforce existing

legal and regulatory frameworks on gender equality and non-discrimination

(Panama);

128.53 Take appropriate action in order to combat all forms of

discrimination and violence against women and girls (Cyprus);

128.54 Continue efforts to promote gender equality in combating

discrimination and violence against women and girls, in particular domestic

violence and early marriages (France);

128.55 Take further measures to eliminate discrimination and violence

against women (China);

128.56 Combat discrimination and harassment with regard to girls in

schools (Djibouti);

128.57 Operationalize gender strategy in education, including early

education, in order to combat female illiteracy and child, early and forced

marriages (Finland);

128.58 Strengthen the implementation of existing legislation and promote

awareness-raising activities aimed at protecting women’s rights, at increasing

girls’ enrolment rate in schools and fighting against all forms of violence

against women, including domestic violence (Italy);

128.59 Adopt a national strategy to fight against discrimination against

women and girls, with a focus on equitable access to education (Turkey);

128.60 Review the order, 39/GM/2003 (despacho) banning pregnant girls to

attend day schools (Djibouti);

128.61 Ensure the mainstreaming of gender equality in all its policies and

increase the representation of women in decision-making positions at the local

level (South Africa);

128.62 Continue working on a national policy and legislation that can

guarantee greater equality of opportunity between men and women

(Nicaragua);

128.63 Take measures to fight discrimination against women particularly in

rural areas (Senegal);

128.64 Continue to work for the elimination of discrimination against

women, particularly in rural areas (Bolivia (Plurinational State of));

128.65 Continue to intensify efforts to fight against violence faced by persons

with albinism (Portugal);

128.66 Consistently address and prosecute incidents of violence against

persons with albinism and take measures to comprehensively protect their

human rights (Sierra Leone);

128.67 Take specific legal provisions to protect the rights of older persons

and people living with albinism (Congo);

128.68 Raise the level of professionalism and efficiency in the police force

(Nigeria);

128.69 Further continue providing capacity building training to law

enforcement agencies to raise the level of professionalism and efficiency in

carrying out their duties (Ethiopia);

128.70 Strengthen human rights training for security forces and prison

officials (France);

128.71 Offer regular and continuous training programmes to police officers

as well as judicial and state officials in compliance with international human

rights standards, and ensure swift conduct of trials and due process in criminal

cases (Germany);

128.72 Adopt effective measures to ensure that there is total respect for the

total prohibition of torture in line with the Convention against Torture

(Mexico);

128.73 Ensure the elimination of human rights abuses against prisoners and

detainees, and to bring to justice those responsible for committing these

offences and ensure redress for victims (New Zealand);

128.74 Put an end to arbitrary detention, practices of torture and methods

use by security forces in public demonstrations. These are forms of limiting

freedom of expression and trial those persons responsible in line with

Mozambique’s international human rights obligations (Costa Rica);

128.75 Establish an effective mechanism to investigate, sanction and repair

in case of abuse of power on the part of the police forces and penitentiary

forces, to safeguard personal information of victims and those making a

complain, and establish administrative sanctions and penal sanctions for the

perpetrators (Chile);

128.76 Ensure that all allegations of extrajudicial executions, excessive use of

force, arbitrary detentions or acts of torture are investigated and bring those

responsible to justice (France);

128.77 Ensure that all allegations of arbitrary detention, excessive use of

force, extrajudicial executions, torture and ill-treatment by the police are

promptly, thoroughly and impartially investigated (Australia);

128.78 Take necessary measures to ensure that allegations of killings,

torture, arbitrary detentions, extrajudicial executions, excessive use of force

and ill-treatment of detainees are swiftly investigated and the perpetrators

brought to justice (Ghana);

128.79 Take measures to ensure that law enforcement in Mozambique

complies with domestic and international human right standards; and ensure

prompt, thorough investigations, and prosecution where evidence warrants, of

all allegations of human rights violations, including torture (Canada);

128.80 Intensify its efforts to ensure that national prison rules and policies

are in line with the revised United Nations Standard Minimum Rules for the

Treatment of Prisoners or the Nelson Mandela Rules (Thailand);

128.81 Improve the conditions in correctional and other detention facilities

(Nigeria);

128.82 Improve the situation of overcrowding in prisons (China);

128.83 Improve conditions of detention in penitentiaries, by ensuring that

prison overcrowding is reduced (Belgium);

128.84 Step up its efforts in ensuring that the issues of the inability by

prisoners to hire their own lawyers and overcrowding in prisons are attended

to and appeal to the Human Rights Council and the international community to

render both financial and technical assistance to help the Government of

Mozambique meet its international obligations (Zambia);

128.85 Prioritize reform of the prison system in order to improve the living

conditions of detainees, ensure thorough investigation of any allegation of ill-

treatment and use of excess force by police forces, and prosecute those who

have committed such crimes (Italy);

128.86 Accelerate the implementation of alternative measures to detention

through the adoption of legal and policy measures outlined in articles 88, 89

and 102 of the Penal Code; and ensure that children and adolescents in

detention facilities are separated from adults, in accordance with

Mozambique’s obligations under the Convention on the Rights of the Child

(Canada);

128.87 Widen the access to legal assistance for prisoners, and continue to

assist with their rehabilitation into society to reduce recidivism (Malaysia);

128.88 Carry out prompt, thorough and impartial investigations into cases

of arbitrary arrest and detention and ensure that all police officers found

responsible for human rights violations are subjected to disciplinary and

criminal proceedings as appropriate, in line with accepted recommendations

(Austria);

128.89 Strengthen measures to eliminate gender-based violence against

women (Myanmar);

128.90 More effectively address and combat domestic violence as

perpetuated against women and the elderly (Sierra Leone);

128.91 Take the necessary measures to ensure that those responsible for acts

of violence and sexual abuse of girls, especially in the education system, are

effectively punished and removed from their posts (Uruguay);

128.92 Strengthen its efforts in combatting the early marriage of girls

(Algeria);

128.93 Develop a legal framework to fight against the phenomenon of early

marriage (Belgium);

128.94 Sensitize traditional chiefs, religious leaders, women’s groups and

youth about the consequences of early and forced marriage of girls, and adopt

laws and regulations preventing and punishing cases of violations (Benin);

128.95 Ensure effective implementation of the new National Strategy to

prevent and eradicate early marriages (Italy);

128.96 Adopt effective mechanisms to implement the existing legislation

which protects women and children (Uruguay);

128.97 Continue the work of the Ministry of Education and civil society to

reinforce the campaign on zero tolerance for violence against children at in the

environment of communities, families and in schools (Uruguay);

128.98 Strengthen the protection of the rights of children, particularly those

in vulnerable situations, and ensure perpetrators of sexual violence and child

labour are held to account (Botswana);

128.99 Strengthen child protection system with effective mechanisms,

including investigation of reports of cases of cases of child abuse (Slovakia);

128.100 Ensure the implementation of already ratified international

conventions in the sphere of children’s rights protection (Ukraine);

128.101 Adopt strategies to combat harmful practices such as debt bondage of

children and corporal punishment (Turkey);

128.102 Prohibit corporal punishment of children in all settings (Slovenia);

128.103 Take measures for improving the access of children to the basic social

services (Ukraine);

128.104 Strengthen the national measures to combat the phenomenon of

human trafficking and trafficking of human organs and protect the victims of

trafficking from actions of retaliation (Egypt);

128.105 Continue to adopt effective measures to assist victims of trafficking in

human beings (Russian Federation);

128.106 Implement the existing policies and laws to eradicate child labour

and trafficking (Ukraine);

128.107 Strengthen reforms to ensure access to justice for all (Angola);

128.108 Promote continuous and regular training programs for judicial and

public magistrates and allocate sufficient resources to improve working

conditions (Austria);

128.109 Strengthen the institutional and operational capacity for the

administration of justice and request the International community to provide

Mozambique with technical assistance (Uganda);

128.110 Increase the efficiency of tribunals against agreed targets, including

through education and employment of qualified judicial personnel (Denmark);

128.111 Intensify the mediation process between conflict parties emphasizing

the principles of inclusion of all relevant stakeholders to the conflict as well as

parity (Germany);

128.112 Redouble its efforts to uphold the independence of the judiciary

(South Africa);

128.113 Fully guarantee the independence of the judiciary in conformity with

relevant international norms (France);

128.114 Include measures to further strengthen the independence of the

judiciary in the constitutional review currently under consideration

(Denmark);

128.115 Strengthen the independence and impartiality of the judiciary (Costa

Rica);

128.116 Continue efforts for judicial reforms, particularly through

strengthening the independence of judges and enhancing their capacities

(Egypt);

128.117 Ensure that the Attorney General’s Office and other offices

thoroughly and aggressively investigate murders, corruption and organized

crime, and prosecute alleged perpetrators (United States of America);

128.118 Stay the course to implement legal, institutional, economic and social

reforms to combat corruption, in particular, intensify efforts and strengthen

programmes to combat corruption at all levels (Singapore);

128.119 Take consistent anti-corruption measures to enhance good

governance and to promote transparency in the delivery of public services

(Ethiopia);

128.120 Ensure the registration of all children after birth in all regions of the

country (Turkey);

128.121 Take necessary measures to fully guarantee freedom of expression, in

particular freedom of the press (France);

128.122 Continue the government efforts of protecting the rights of freedom

of expression and peaceful demonstrations and respect the political rights in

this aspect (Iraq);

128.123 Implement the Law on Access to information as well as the National

Strategy to prevent and fight early and forced marriage (Portugal);

128.124 Improve transparency and inclusiveness of election processes

fostering the culture of political dialogue and adopting concrete measures to

prevent cases of election violence (Czech Republic);

128.125 Guarantee all citizens the right to take part in the conduct of public

affairs, in particular as regards policy making on land distribution and use

(Switzerland);

128.126 Promote greater citizen participation in the implementation of social

programmes initiated by the Government (Nicaragua);

128.127 Continue its efforts to increase the percentage of women in decision-

making positions (Myanmar);

128.128 Take further steps to advance women in leadership positions in

politics and the economy and create favourable conditions for their

participation in the electoral process (Russian Federation);

128.129 Establish measures to integrate informal economic activities in the

national economy thus allowing inter alia access to credit and financial services

and simplifying the procedures of access to appropriate training (Spain);

128.130 Continue to strengthen social policies for the eradication of poverty,

in order to increase the quality of life of its people, especially the most

vulnerable (Venezuela (Bolivarian Republic of));

128.131 Combat poverty effectively through the promotion of decent work

(Angola);

128.132 Continue its efforts in combating extreme poverty, malnutrition and

maternal and child mortality (Bangladesh);

128.133 In line with Finland’s previous recommendation, take concrete and

targeted measures to effectively reduce inequalities by reviewing, analysing and

modifying policies and programmes on poverty reduction to ensure effective

consideration of gender concerns (Finland);

128.134 Create a mechanism to prevent illegal land grabbing and ensure that

large-scale development projects are undertaken with human rights due

diligence and following public consultation (Czech Republic);

128.135 Advance the effective realisation of the human rights to safe drinking

water and sanitation by improving the conditions of access particularly by

expanding the network in rural areas (Spain);

128.136 Continue to promote access to health (Pakistan);

128.137. Continue its efforts to improve health services, especially for

vulnerable women and children with HIV/AIDS (Thailand);

128.138 Step up efforts to reduce the infant mortality rate (Turkey);

128.139 Continue efforts to improve access to health care, in particularly to

combat malaria, HIV/AIDS and tuberculosis (Algeria);

128.140 Continue to take action at all levels to address the interlinked root

causes of preventable mortality and morbidity of children under 5 and consider

applying the “Technical guidance on the application of a human rights-based

approach to the implementation of policies and programmes to reduce and

eliminate preventable mortality and morbidity of children under 5 years of

age”, A/HRC/27/31 (Ireland);

128.141 Seek technical assistance and cooperation from the international

community to fight the HIV/AIDS pandemic and to strengthen its human rights

institution (Nigeria);

128.142 Take all necessary steps to ensure that the availability of safe

abortion services can be guaranteed, and to sensitize communities to the

problems of unsafe abortion (Netherlands);

128.143 Ensure that all women have access to quality sexual and reproductive

health services, including comprehensive sexuality education and modern

contraceptive methods (Slovenia);

128.144 Continue to enhance access to education (Pakistan);

128.145 Continue to improve access to education and literacy rates

(Indonesia);

128.146 Increase allocations for education and continue to improve the

general quality of education (Luxembourg);

128.147 Strengthen work to improve the scope of the right to education, in

particular for children and adolescents (Bolivia (Plurinational State of));

128.148 Continue to prioritise education in its development plans, and to

invest sufficient resources to education as a means of helping its citizens achieve

their aspirations (Singapore);

128.149 Continue its efforts to provide full access to education and to reduce

the mortality rate through the improvement of health care services (Holy See);

128.150 Train more teachers and improve the quality of education in the

rural areas (Afghanistan);

128.151 Reduce the illiteracy rate among girls (Nigeria);

128.152 Further consider initiatives to improve access to education for girls

(Mauritius);

128.153 Take the necessary measures to eradicate discrimination against girls

in the education system (Namibia);

128.154 Ensure that all girls, including pregnant girls and young mothers, can

complete minimum levels of education in a safe environment (Slovenia);

128.155 Take all necessary measures to fight against discrimination and

violence against persons with disabilities, including persons with albinism

(Belgium);

128.156 Reinforce the protection of migrants, refugees and asylum seekers’

rights by improving their living conditions and by ensuring the civil

registration of their children (Holy See);

128.157 Develop a National Resilience Strategy for natural disasters that

protects the development and subsistence methods, in order to have the

possibility of guaranteeing the economic and social rights of the population

(Mexico);

128.158 Develop a strategy and national indicators in order to comply with

the Sustainable Development Goals (Mexico).

129. The following recommendations will be examined by Mozambique, which will

provide responses in due time, but no later than the thirty-second session of the

Human Rights Council in June 2016:

129.1 Continue the process of signing and ratifying international

instruments, in particular those which were accepted during the previous

universal periodic review (Uruguay);

129.2 Pursue its commitment to ratify other international human rights

treaties that it is not yet a state party, including ILO Convention 189

(Philippines);

129.3 Ratify the First Optional Protocol to the International Covenant on

Civil and Political Rights (Ghana);

129.4 Withdraw reservations to the 1951 Convention relating to the Status

of Refugees in order to strengthen protection and local integration of refugees

(Panama);

129.5 Adopt additional measures necessary to protect minorities, such as

older persons, lesbian, gay, bisexual and transgender persons, persons with

disabilities (Argentina);

129.6 Modify the law on inheritance to prevent discrimination against

widows, and guarantee right to all properties including the right to own land

(Spain);

129.7 Revise the legal framework on the rights of women and implement

policies to eradicate discriminatory practices, including the necessary

arrangements and adjustments as regard inheritance issues (Mexico);

129.8 Harmonize the civil status between men and women, particularly

regarding the rights of inheritance and legal capacity to use, enjoy, and own,

property, and set up policies aimed at eliminating the pay gap between men and

women (Chile);

129.9 Further reduce the gender gap by translating the protection of

women’s rights into programmes that improve their health, education, and

means of livelihood (Malaysia);

129.10 Pass legislation to increase the time limit for paid maternity leave

(Brazil);

129.11 Revise laws to expressly prohibit discrimination on the basis of sexual

orientation, gender identity and intersex status (Australia);

129.12 Include sexual orientation and gender identity amongst illegal

criteria for discrimination, in social, economic and political life and eliminate

norms prohibiting consenting sexual relation between adults of the same sex

(Chile);

129.13 Adopt legislation to specifically prohibit discrimination on the basis

of sexual orientation and gender identity (Sweden);

129.14 Take steps to prioritise the protection of civilians through building

the capacity of law enforcement and targeted training to improve public order

and security in affected areas (New Zealand);

129.15 Adopt the law on child marriages (Congo);

129.16 Fully outlaw marriage before the age of 18 without exception in

accordance with its international obligations (Sweden);

129.17 Harmonize laws and revise customary practices with a view to

preventing child, early and forced marriage (Sierra Leone);

129.18 Establish the minimum age of marriage at 18 years old, and

introduce mechanisms to reduce the incidence of child marriage (Slovenia);

129.19 Adopt the necessary measures to put an end to early and enforced

marriage, to follow-up on victim testimony and bring perpetrators to justice

(Panama);

129.20 Take the necessary measures to ensure the effective implementation

of the law prohibiting labour of children under 15 years old, ensuring the

perpetrators are properly sanctioned (Chile);

129.21 Implement measures to investigate and punish discrimination and

abuses suffered by girls and adolescents in institutions [as reflected in the

concerns of the Special Rapporteur on extreme poverty] in order to ensure

their physical integrity and effective access to education (Argentina);

129.22 Consider regulating articles 3 (a) and 4 of ILO Convention 182, by

passing legislation listing prohibited occupations for minors under 18 (Brazil);

129.23 Ensure that the legal framework addressing child labour raises the

age of compulsory education to correspond to the minimum work age, and

establishes specific hazardous occupations or activities prohibited for children

(United States of America);

129.24 Review its legislation in order to ensure that victims of human rights

abuses by business enterprises have access to effective complaint and redress

mechanisms (Czech Republic);

129.25 Allocate the necessary means to assess and measure the scope of the

phenomenon of corruption in the country” (Portugal);

129.26 Fully resource the Office for Combating Corruption to ensure it is

able to investigate and prosecute these crimes (Australia);

129.27 Develop the legislative framework aimed at combating corruption

(Egypt);

129.28 Put in place a National Strategy to combat corruption and eradicate

its negative effects on the enjoyment of human rights (Morocco);

129.29 Increase resources and capacity towards full implementation of

measures taken to fight corruption in the public and private sectors (Malaysia);

129.30 Decriminalize defamation and place it under the Civil Code in

accordance with international standards (Ireland);

129.31 Work to promote freedom of expression in line with international

human rights principles, including by repealing criminal defamation laws

(Norway);

129.32 Review laws criminalizing defamation of public figures, to respect

and guarantee freedom of expression (Switzerland);

129.33 Provide adequate administrative resources in order to fully and

effectively implement the Code on Access to Information (Belgium);

129.34 Ensure the right of association of NGOs working on issues of sexual

orientation and gender identity (Norway);

129.35 Take all necessary measures to ensure a safe working environment

for journalists and media workers (Latvia);

129.36 Facilitate the registration and work of civil society organizations,

including those defending human rights and fighting discrimination on all

grounds, so that they can operate without harassment, undue restrictions and

administrative obstacles (Czech Republic);

129.37 Revisit the legal framework governing the civil society sector,

particularly with a view to reducing bureaucratic restrictions to freedom of

association and the registration of national and foreign organizations

(Netherlands);

129.38 Strengthen the framework for the protection of refugees and

facilitate their integration at the local level (Togo).

130. The recommendations below did not enjoy the support of Mozambique and

would thus be noted:

130.1 Consolidate the legal framework of human rights protection through

ratifying the International Covenant on Economic, Social and Cultural Rights,

the International Convention for the Protection of All Persons from Enforced

Disappearance and the First Optional Protocol to the International Covenant

on Civil and Political Rights (Luxembourg);

130.2 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance, the Convention against Discrimination in

Education and also the Rome Statute (Tunisia);

130.3 Proceed to ratify the International Convention for the Protection of

All Persons from Enforced Disappearance (Côte d’Ivoire);

130.4 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance which was signed by Mozambique in 2008

(Togo);

130.5 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance signed in 2008, as well as the Rome Statute

signed in 2000 (France);

130.6 Ratify the Rome Statute of the International Criminal Court and

implement it fully at national level and accede to the Agreement on Privileges

and Immunities of the Court (Slovakia);

130.7 Ratify the Rome Statute of the International Criminal Court, the

International Covenant on Economic, Social and Cultural Rights and its

Optional Protocol, as well as the First Optional Protocol to the International

Covenant on Civil and Political Rights (Madagascar);

130.8 Ratify the Rome Statue of the International Criminal Court, as

committed by Mozambique in its 2011 universal periodic review (Canada)

(Latvia);

130.9 Ratify the Rome Statute of the International Criminal Court,

including its Agreement on Privileges and Immunities (Botswana);

130.10 Ratify the Rome Statute of the International Criminal Court

(Cyprus) (Georgia) (Germany) (Montenegro) (Switzerland) (Austria) (Ghana)

(Timor-Leste) (Poland);

130.11 Bring its law in conformity with international human rights law

(Madagascar);

130.12 Strengthen mechanisms to prohibit discrimination against vulnerable

groups, including persons with albinism; and ensure non-discrimination on

applications for accreditation by civil society organizations, including

organizations such as LGBT Association of Mozambique (Canada);

130.13 Agree to the registration of LAMBDA (the Association for Defence of

Sexual Minorities) as an official NGO (United Kingdom of Great Britain and

Northern Ireland);

130.14 Ensure the rights of indigenous peoples, peasants and other people

working in rural areas (Bolivia (Plurinational State of)).

131. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Mozambique was headed by the Minister of Justice,

Constitutional and Religious Affairs, H.E. Mr. Abdurremane Lino de Almeida and

composed of the following members:

• H.E Pedro COMISSARIO Ambassador, Permanent Representative to the United

Nations and other International Organizations (Geneva)

• Mr. Aly Bachir MACASSAR Director of Human Rights and Citizenship Ministry of

Justice

• Mr. Jaime CHISSANO Minister Plenipotentiary, Permanent Mission (Geneva)

• Mr. Carlos Jorge SILIYA Attaché, Labour Affairs Permanent Mission (Geneva)

• Mr. Jose Sergio DIVAGE Advisor to the Minister, Ministry of Gender, Child and

Social Affairs

• Ms. Feodosia VIANA Advisor to the Minister, Ministry of Education and Human

Development

• Mr. Panachande Idrissa MOMADE Director of the Legal Affairs, Ministry of

Interior

• Mr. Jeremias CUMBE Director of Planning- Police General Command

• Ms. Albatul CARDOSO Director of the Legal Office, Ministry of Public Work,

Housing and Water Resources

• Ms. Olga MUNGUAMBE Commercial Counsellor, Permanent Mission ( Geneva)

• Ms. Francelina ROMÃO Health Counsellor – Permanent Mission (Geneva).