Declaração de Princíp ios sobre a despartidarização da Função Pública

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Country/entity: Mozambique
Region: Africa (excl MENA)
Agreement name: Declaração de Princíp ios sobre a despartidarização da Função Pública
Date: 23 Jun 2015
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Mozambique Civil War (1976 – 1992) and RENAMO Insurgency (2012 – )
The Mozambique conflict has roots in the independence movement launched by the Mozambique Liberation Front (FRELIMO) (est. 1962) against Portuguese colonization. Despite the insurgency, independence only came a year after a military coup d’état in Lisbon overthrew the longstanding ‘Estado Novo’ dictatorship. Nonetheless, FRELIMO installed itself as the ruling party and officially became a Marxist-Leninist party in 1977. Fierce fighting broke out in the Cold War context, between the FRELIMO, supported by the Soviet Bloc, and the anti-Communist Mozambique National Resistance (RENAMO) movement, which received funding from neighbouring ‘white’ regimes in Rhodesia and later on, South Africa. After the death of President Somaro Moises Machel in a plane crash in 1986, the presidency passed to Joaquim Alberto Chissano who encouraged political pluralism, particularly following the collapse of the Soviet Union in 1989. Following the Rome Peace Accords in 1992, FRELIMO won the country’s first multi-party election in 1994.

Political tensions began to rise after the 2002 presidential elections, which RENAMO argued were fraudulent. These continued until a low-level outbreak of violence by RENAMO fighters targeting police and economic infrastructure. A new peace accord was signed between RENAMO and FRELIMO in September 2014, but RENAMO’s later refusal to accept the terms of the 2014 Presidential election, as well as government difficulties in disarming RENAMO fighters led to a breakdown of the accord in August 2015. Since then, clashes have renewed between the two parties.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Mozambique process - recent
Parties: The Government of Mozambique
RENAMO party
Third parties: -
Description: This agreement notes the existence of doubts concerning the independence of the civil service in Mozambique and concerns of use of state resources for party political purposes. In order to avoid such doubts and concerns, the Government and RENAMO agree to put forward a bill to the legislature that would govern the behavior of a range of civil servants and prevent instances of corruption and partisanship in the civil service.

Agreement document: MZ_150623_Declaraceo de Principios Funcao Publica_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MZ_150623_Declaraceo de Principios Funcao Publica.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 2, section II:
d) Prohibition of active participation in political-partisan activities, for those in administration
of public universities, public managers, civil servants and State agents, during their working hours;
e) The civil servant shall not promote political, partisan and religious activities in the
workplace;
f) Prohibition of political-partisan activities for magistrates, ambassadors and members of
defence and security forces;
g) Prohibition of party cells or nuclei in the public institutions or in those the State participates
in, and prohibition of the use of the State’s resources and installations for partisan purpose.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: This agreement as a whole determines the type of role that political parties, partisanship and party organizations can have in the state structures and the civil service.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 2, section III:
III – Traditional Authority
Reinforcing the mechanism of the State authorities’ recognition of traditional authorities, according to customary law and its legitimacy, only the familial lineage is taken into account.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 2, section II, par. f)
f) Prohibition of political-partisan activities for magistrates, ambassadors and members of defence and security forces;
Armed forces: Page 2, section II, par. f)
f) Prohibition of political-partisan activities for magistrates, ambassadors and members of defence and security forces;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: This whole agreement deals with the problem of corruption in the form of use of state resources for the benefit of the official's political party, and aims to prevent such activities.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Sections V and VI:
V – Monitoring Mechanisms
1. It is necessary to define mechanisms of monitoring, encouragement of allegations that might prevent the persistent promiscuity between political parties and State institutions, as well as a persistent education as a way to promote a change in the already rooted corporate mentality, to deepen democratic practices and guarantee transparency.
2. In effect, both sides agree to propose to the Assembly of the Republic the establishment a Commission for Monitoring the De-partisanship of the State, to be created by the Assembly of the Republic and composed by representatives of the Government, the political parties which are represented in parliament, and civil society.
VI – Following
Both sides agree to submit this Declaration of Principles to the consideration of the Assembly of the Republic for coming into effect.
Related cases: No specific mention.
Source: Original text available at http://www.open.ac.uk/technology/mozambique/sites/www.open.ac.uk.technology.mozambique/files/files/Princ%C3%ADpios%20sobre%20a%20despartidariza%C3%A7%C3%A3o%20do%20Aparelho%20de%20Estado.pdf

Bulletin A PERDIZ

About the De-Partisanship of the State

Government and RENAMO agree on a Declaration of Principles.

I – Contextualization

1. The issue of presence and influence of the FRELIMO Party in the public administration has been a matter constantly addressed in several reports, analyses and by numerous other critics from various social sectors, including the RENAMO Party.

Such reports and critics are fundamentally focused on:

a) the perception that career civil servants belonging to the opposition would have their progression in the career blocked;

b) the perception that members of the Frelimo party would have preference in getting contracts over others, c) as well as promiscuous administrative practices between acts of public functions and acts belonging to the party’s activities, namely collection of contributions, acquisition of material goods for the party, time off for party activities and other acts.

2. The Government, when faced with these allegations, replied to them with the Directive no.

20 from the Ministry of Planning and Finance (MPF), published in 29/02/2012, stating as we cite:

“All elements capable of endangering Peace in Mozambique were removed, and the separation between Party’s activities and the institutions of the State was secured.

The Government stated beforehand that the questions on recruitment and career progression will be done in light of the General Statute of Civil Servants and Employment System, as provided by articles 9 and 10 of the Decree n. 54/2009 from the 8th of September”.

3. Additionally, legislative measures were undertaken to alter the current situation, such the approval of the General Statute of Civil Servants and State Agents (Law n. 14/2009, from the 17th of March), the Law of Administrative Procedures (Law n. 14/2011 from the 10th of August) and the Basic Laws for the Organisation and Functioning of Public Administration (Law n. 7/2012, from 8th of February), which establishes clear principles of eminent nonpartisan nature.

4. Notwithstanding the existence of this regulatory apparatus, both sides understand that it is not possible to immediately eliminate specific practices, contrary to what is established, as well as interrupting the perceptions that consecrated the understanding that public administration in Mozambique is partisan.

5. Both sides understand that a nonpartisan Public Administration in Mozambique is an urgent and pertinent issue of national interest.

Therefore, additional actions should be taken in order to remove the current practices and perceptions.

II – Proposal of Measures

In order to eliminate the perceptions above mentioned, those that still exist, both sides agree on the necessity to adopt the following principles, as additional measures:

a) The introduction of the system of career entrance examination and making the principal phases of the entrance examination (release of the examination, presentation of candidature, composition of the jury, selection, and ascertainment of candidatures) public.

These measures would be necessary for the positions of Permanent Provincial Secretaries, Chief of Administrative Posts, Presidents of Localities, and Settlements;

Public Managers appointed by Presidents of Administrative Councils and General-Directors of Public Institutes and Public Funds;

b) Civil Servants and holders of public offices that have direct or indirect business interests shall not interfere or influence in contests related to their interests, observing and safeguarding ethical principles and the conflict of interests.

This stipulation is to guarantee transparency and impartiality, in accordance with the law.

c) Prohibition of discounts by deduction of wage of civil servants and State agents for any purpose, except those determined by law;

d) Prohibition of active participation in political-partisan activities, for those in administration of public universities, public managers, civil servants and State agents, during their working hours;

e) The civil servant shall not promote political, partisan and religious activities in the workplace;

f) Prohibition of political-partisan activities for magistrates, ambassadors and members of defence and security forces;

g) Prohibition of party cells or nuclei in the public institutions or in those the State participates in, and prohibition of the use of the State’s resources and installations for partisan purpose.

III – Traditional Authority

Reinforcing the mechanism of the State authorities’ recognition of traditional authorities, according to customary law and its legitimacy, only the familial lineage is taken into account.

IV – Social Communication

Both sides agree in proposing a revision on the powers, competencies, organization and functions of the Superior Council on Social Communication.

V – Monitoring Mechanisms

1. It is necessary to define mechanisms of monitoring, encouragement of allegations that might prevent the persistent promiscuity between political parties and State institutions, as well as a persistent education as a way to promote a change in the already rooted corporate mentality, to deepen democratic practices and guarantee transparency.

2. In effect, both sides agree to propose to the Assembly of the Republic the establishment a Commission for Monitoring the De-partisanship of the State, to be created by the Assembly of the Republic and composed by representatives of the Government, the political parties which are represented in parliament, and civil society.

VI – Following

Both sides agree to submit this Declaration of Principles to the consideration of the Assembly of the Republic for coming into effect.