Observance of the Rule of Law in Mozambique

The rule of law is a necessary condition for democracy. One of the greatest challenges confronting Africa’s democratic reform process, however, is ensuring the rule of law prevails. Thus, Mozambique’s political reform process has focused as much on rule of law and accountability procedures, as on civil, political and social rights and liberties, or political competition.

However, rule of law is subverted when politicians use the law as a 'political weapon' against their political and civic adversaries. This Briefing Paper analyses the extent to which Mozambicans feel that state officials and ordinary citizens are punished when they break the law; and whether the President and state officials ignore the country’s constitution and/or its laws.

The paper provides the following findings:

• Ordinary Mozambicans perceived official violations of the rule of law as relatively infrequent. In 2005 just 15 percent of Mozambicans felt the president ignored the constitution of the country 'often' or 'always'; in 2008 just 13 percent said the same about the presdient’s observance of the laws of the country.
• In 2005 four out of ten Mozambicans felt that ordinary people were treated unequally under the law on a frequent basis, increasing slightly to 42 percent in 2008.
• A slim majority believe that people do face punishment most of the time, but about one third of Mozambicans disagree. State officials also face punishment most of the time, compared to just over one-third who think they are likely to get away with their misdeeds.
  

The paper provides the following conclusions:

• People are slightly more likely to perceive unequal treatment at the hands of government in 2008 than in 2005, so there is no consistent trend, and in comparison to other countries, government officials in Mozambique appear to benefit less from favoritism and a willingness on the part of government to look the other way.
• People feel that the state is as likely to act against officials as against ordinary people, but it is worrying that so many feel that it is possible to get away with criminal acts, which suggests that Mozambique’s struggles to implement a rule of law are far from over.