Report on Citizenship Law: Mozambique
for the conduct of the electoral process (Protocol V); and the cessation of the armed conflict,
including an operational timetable for the ceasefire (Protocol VI).
The Agreement did not include provisions on the attribution, acquisition, loss or
reacquisition of Mozambican citizenship. It did however prescribe that Mozambican refugees
and displaced persons would not forfeit any of the rights and freedoms of citizens for having
left their original places of residence and that they would be registered and included in the
electoral rolls together with other citizens in their places of residence [Protocol III § IV (c)
and (d)]. The Agreement explicitly required that political parties and the Mozambican
Defence Force be made up exclusively of Mozambican citizens [Protocol II § 2 (d) and
Protocol IV § I (i) (2) respectively]. As for the electoral universe, the Agreement prescribed
that Mozambican citizens 18 years of age and over would have the right to vote, conditional
on their registration in the electoral rolls, and the Parties to the Agreement committed to
encourage all Mozambican citizens 18 years of age and over to register and to exercise their
right to vote; eligibility to stand for election was set at 1852 years of age for the legislative
election and at 35 years of age for the presidential election [Protocol III § V (2), (5) and (6)].
As foreseen in the General Peace Agreement, Joaquim Chissano addressed a letter to
the UN Secretary-General, on 4 October 1992, requesting the United Nations’ participation in
monitoring and ensuring the implementation of the Agreement and in assisting the
Government by providing technical assistance for the general elections and in monitoring
these elections.53 On 13 October 1992, the UN Secretary-General appointed Aldo Ajello as
his interim Special Representative to oversee UN activities in Mozambique and two days
later, coinciding with the entry into force of the General Peace Agreement, the interim
Special Representative and a team of 21 military observers arrived in the country.54 The
complexity of the task at hand – and the lessons learned from the failed peace process in
Angola (Newitt 2002: 223) – led the Security Council to establish a United Nations Operation
in Mozambique (ONUMOZ), mandated inter alia to monitor the ceasefire, coordinate
humanitarian assistance (to refugees, internally displaced persons, demobilised military
personnel and the affected local population), provide technical assistance and monitor the
electoral process.55
Under the terms of the General Peace Agreement, legislative and presidential
elections were to be held simultaneously not later than 15 October 1993. This deadline soon
proved to be unrealistic due to various delays in the implementation of the military aspects of
the Agreement, which the UN Secretary-General considered indispensable for the creation of
the conditions in which a successful election could take place. A revised timetable scheduled
52
The Agreement added however that the parties had agreed on the desirability of raising the minimum age to
25 for the first general legislative elections as a transitional measure. This solution did not make its way to the
1993 Electoral Act, which kept the age requirement at 18 (Article 195 of Law no. 4/93, of 28 December 1993).
53
The letter is enclosed with the text of the General Peace Agreement, available at
https://peaceaccords.nd.edu/sites/default/files/accords/Mozambique_Peace_Agreement.pdf [23.04.2019].
54
The appointment of an interim Special Representative and the despatch to Mozambique of a team of military
observers was authorised by the UN Security Council in its Resolution 782, of 13 October 1992, S/RES/782
(1992), available at https://undocs.org/S/RES/782(1992) [23.04.2019]. In March 1993, Aldo Ajello was
appointed as Special Representative of the Secretary-General for Mozambique. Information available at
https://peacekeeping.un.org/sites/default/files/past/onumozFT.htm#General [23.04.2019].
55
Resolution 797, of 16 December 1992, S/RES/797 (1992), available at http://unscr.com/en/resolutions/797
[23.04.2019]. ONUMOZ was initially established to run until 31 October 1993, but its mandate was extended
multiple times until it formally came to an end at midnight on 9 December 1994, the date of Joaquim Chissano’s
inauguration as President of the Republic. The Mission continued to carry out residual functions until the end of
January 1995, when it was finally liquidated. Information available at
https://peacekeeping.un.org/sites/default/files/past/onumozFT.htm [23.04.2019].
RSCAS/GLOBALCIT-CR 2019/6 - © 2019 Author
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