Background
Following centuries of occupation and colonisation by the Portuguese, Mozambique gained its independence in 1975. It became the People’s Republic of Mozambique after a decade of armed struggle led by the Front for the Liberation of Mozambique (Frente de Libertação de Moçambique, or FRELIMO) rebel group, commanded by Eduardo Mondlane. Upon independence, FRELIMO set up a Marxist-Leninist one-party government under the leadership of Samora Machel.[1]
In 1976, the government entered a 17-year civil conflict with the right-wing rebel group the Mozambican National Resistance (Resistência Nacional Moçambicana, or RENAMO), which was opposed to FRELIMO’s ideology. RENAMO was backed by the white minority governments of Rhodesia and South Africa, which sought to undermine the liberation movements in Southern Africa.[2] During the conflict, civilians were strategically targeted, resulting in human rights violations by both warring parties. The civil war resulted in 800,000 to 1 million deaths, with over 2 million internally displaced and another 1 million fleeing to surrounding countries such as Malawi and Zimbabwe.[3]
In 1990, a revised constitution introduced political pluralism, which led FRELIMO to change its Marxist-Leninist position.[4] The FRELIMO government and the RENAMO movement signed the General Peace Accord in 1992, ending the civil conflict. The accord included provisions for institutional reforms such as multi-party elections and decentralised rule of law.[5]
In 1994, FRELIMO’s Joaquim Chissano was elected president in the country’s first multi-party elections. FRELIMO has won every election since then, with RENAMO continuing to be the main opposition. RENAMO’s former president, Afonso Dhlakama, accused FRELIMO of vote rigging in all the elections after the peace accord. This contributed to numerous clashes between RENAMO and FRELIMO supporters in the country. In 2013, RENAMO boycotted the local elections, leading to violent conflict between RENAMO supporters and riot police that resulted in the deaths of at least 13 police in the RENAMO stronghold of Sofala.[6]
The country continued to face electoral violence, with clashes and physical aggression among supporters of FRELIMO, RENAMO and the Democratic Movement of Mozambique (Movimento Democrático de Moçambique, or MDM), which broke from RENAMO in 2009.[7] This was accompanied by state-sanctioned violence by police as a result of militarisation during elections.
In 2019, the government and RENAMO signed the Maputo Accord for Peace and National Reconciliation after 30 months of negotiations facilitated by Swiss Ambassador Mirko Manzoni.[8]
In 2017, Ansar al-Sunna (Al-Shabaab) began an insurgency in the northern province of Cabo Delgado, which has resulted in mass displacement, killings, humanitarian violence and sexual violence against women and children. Ntaba attributes the insurgency to the government’s inability to foster inclusion. Poverty and economic deprivation continue to be pervasive in the country’s rural areas in the north, particularly in Cabo Delgado.[9]
Historically, ethnic divisions between the Ndaus and Senas of the north and the Shangaan of the south have fragmented Mozambique. The Portuguese manipulated this division by establishing the administration capital in the south, where educated elites emerged, such as the leaders of FRELIMO.[10] This divide continues to manifest in post-civil war politics and has contributed to the growth of the insurgency.[11]
Mozambique’s transitional justice-related efforts to date have focused on amnesties and disarmament, demobilisation and reintegration. There have also been efforts towards reparations and community-based justice mechanisms.
Amnesties
During the 1980s, the government passed a succession of amnesty laws. Law no. 14/87 granted amnesty for “the crimes against the security of the people and of the popular state, foreseen in Law no. 2/79, committed by Mozambican citizens who in any form fought or promoted violence against the people or the Mozambican state inside or outside the national territory, as long as they voluntarily give themselves up.”[12]
Law no. 15/87 pardoned state and non-state actors such as RENAMO members and civilians who fought or promoted violence during the civil conflict. It further emphasised the reintegration of perpetrators on the condition that they committed to peace and social work within their respective communities.
Following the signing of the General Peace Accord by FRELIMO and RENAMO in 1992, the government passed Law no. 15/92, which exempted members of both parties from prosecution for violations committed from 1979 to 1992. The law was based on the perception that reconciliation would be more easily achieved without airing past crimes and grievances, concentrating, according to Igreja and Skaar, on “what united and ruled out what divided.”[13]
With the signing of the Maputo Accord for Peace and National Reconciliation in 2019, the government passed new amnesty laws for atrocities and violent criminal acts committed by both government and RENAMO actors during armed confrontations from 2014 to 2019.[14]
Disarmament, Demobilisation and Reintegration
The 1992 General Peace Accord included provisions for disarmament, demobilisation and reintegration (DDR), and the equal integration of ex-combatants from FRELIMO and RENAMO into the army and police, but this was not adequately addressed.[15] RENAMO soldiers were not demobilised, thus commitment towards the accord failed.
The 2019 Maputo Accord for Peace and National Reconciliation focused on the DDR of RENAMO forces, providing guidelines for DDR and the integration of senior RENAMO members into the Mozambique Defence Armed Forces.[16] In 2023, the secretariat of the peace process reported that 5,221 DDR beneficiaries were settled and reintegrated into their communities.[17] No information was provided on their integration into the army or police.
Reparations
In 2002, the government made 4 October a public holiday – the Day of Peace and Reconciliation – to commemorate the 10th anniversary of the 1992 General Peace Accord. In November 2004, the new Constitution provided “special protection” for victims/survivors of the civil war.[18]
With Law No. 2/1995, the government created the Commission of Petitions in 1996. The commission had 15 deputies, 10 representing FRELIMO and five representing RENAMO. The commission was set up to ensure the implementation of Article 80 of the 1990 Constitution and Article 79 of the 2004 Constitution, which states that “every citizen has the right to present petitions and complaints to the competent authority to demand the reestablishment of his violated rights or in defense of the general interest.”[19]
While the law does not explicitly address reparations for violations committed in the civil war, there have been instances where court decisions mandated state institutions to provide compensation for damages suffered during the conflict. In 2003, compensation was provided to four complainants. This came after the FRELIMO government failed to make payments for trucks provided during the civil conflict.
Traditional and Community-Based Justice Mechanisms
Traditional authorities have adapted traditional justice mechanisms to reintegrate ex-combatants into communities and used local values of reciprocity to address past conflicts and their aftermath. They continue to advocate for restorative rather than retributive justice to prevent further conflict.[20]
The Christian Council of Mozambique (CCM) established the community-led Swords to Ploughshares programme. Adjacent to the CCM’s efforts towards DDR, the programme repurposes weapons collected since the conflict into artistic pieces, offering a symbolic outlet for reconciliation within communities.[21]
Gender
Patriarchal norms have shaped gender relations in Mozambique. Women were traditionally excluded from active participation in decision-making. Additionally, public involvement in affairs related to the clan, lineage or sub-lineage was dominated by male clan chiefs and lineage kings, typically older men.[22]
The establishment of FRELIMO saw a significant change regarding gender, as the movement emphasised the role of women in the fight for independence.[23] According to Isaacman, “women were very useful as political mobilisers and in recruiting hesitant males as guerrillas,” particularly their husbands.[24] Furthermore, the FRELIMO women’s brigade undertook offensive actions alongside their male counterparts, planting landmines and ambushing Portuguese convoys.
After independence, FRELIMO continued to advocate for equality between men and women, allowing women greater visibility in the public sphere and decision-making spaces.[25] Despite these resolutions concerning gender, the overhaul and social transformation of patriarchal structures and norms lagged within government and at the community level. Although women featured in the public sphere, many FRELIMO members tended to assign traditional roles to women, limiting their contributions to cooking and supplying food for troops.[26]
During the civil war, women experienced violence in their homes, internally displaced persons camps, refugee camps and remote areas controlled by rebel forces. Women experienced gender-based violence, including gang rape and sexual slavery. Additionally, within households, men who felt disempowered often resorted to abusive and violent behaviour towards female family members.[27]
In 2021, 42.4% of seats in parliament were held by women. Despite these significant strides in political representation, women continue to bear the brunt of social and economic inequalities, with only 3.8% of women estimated to be active within the formal labour market. Others are relegated to the agricultural sector, marked by low wages and poor social security.[28]
The government has ratified international agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women, the Maputo Protocol and the Southern African Development Community Protocol on Gender and Development.[29]
In 2015, the government decriminalised same-sex relations in the country. There has been a call for the government to further recognise organisations such as LAMBDA, which offers services to the LGBTI community, and to ensure the recognition of policies and practices that contribute towards LGBTI individuals’ full social inclusion.[30]
International Actors
The United Nations was a significant actor during the transitional period, following the signing of the General Peace Accord. In 1992, the United Nations Security Council adopted Resolution 797, which saw the establishment of the United Nations Operations in Mozambique. The operation provided over 7,500 troops to monitor the civil rights of Mozambican citizens and give security assistance before the country’s first multi-party elections in 1994.[31]
Sources
[1] Stephen A. Emerson, The Battle for Mozambique: The Frelimo Renamo Struggle, 1977-1992 (Helion and Company, 1992), 23.
[2] Corinna Jentzsch, ‘Renamo and Mozambique,’ in Oxford Research Encyclopedia of African History (2022).
[3] Lisa Hultman, ‘The Power to Hurt in Civil War: The Strategic Aim of RENAMO Violence,’ Journal of Southern African Studies, Vol. 35, No. 4 (2009), 821.
[4] Eric Morier-Genoud, ‘Mozambique since 1989: Shaping Democracy after Socialism,’ in Turning Points in African Democracy (2009), 153
[5] Victor Igreja, ‘Amnesty Law, Political Struggles for Legitimacy and Violence in Mozambique,’ International Journal of Transitional Justice, Vol. 9 (2015), 2.
[6] Adriano Nuvunga, ‘Mozambique’s 2014 Elections: A Repeat of Misconduct, Political Tension and Frelimo,’ Journal of African Elections (2017), 72.
[7] Ibid., 77.
[8] Bernhard Weimer, Walking the Talk? A Critical Perspective on Sustainable Peace and Reconciliation in Mozambique (Friedrich-Ebert-Stiftung Peace and Security, 2020), 5.
[9] Buyisile Ntaka, ‘The Cabo Delgado Insurgency: A Symptom of Governance Failure in Mozambique,’ African Journal of Governance and Development, Vol. 12, No. 1 (2023), 23.
[10] Happy Kahuni, ‘The Upsurge of Tension between Renamo and Frelimo in Mozambique: The Contest for Traditional Leadership Support,’ Journal of Humanities, Vol. 24 (2016), 70.
[11] Ntaka, 23.
[12] Victor Igreja and Elin Skaar, ‘“A Conflict Does Not Rot”: State and Civil Society Responses to Civil War Offences in Mozambique,’ Nordic Journal of Human Rights, Vol. 31, No. 2 (2013), 159.
[13] Ibid., 159.
[14] Nikkie Wiegink, ‘Former Military Networks a Threat to Peace? The Demobilisation and Remobilization of Renamo in Central Mozambique,’ International Journal of Security and Development, Vol. 4, No. 1 (2015), 3.
[15] Igreja and Skaar, 2.
[16] Weimer, 6.
[17] Maputo Accord, ‘The Secretariat: Peace Process Support,’ https://maputoaccord.org/en/home/
[18] Victor Igreja, ‘Mozambique,’ in Encyclopedia of Transitional Justice, ed. Lavinia Stan and Nadya Nedelsky Justice, Vol. II (Cambridge University Press, 2013), 308.
[19] Ibid., 308.
[20] Ibid.
[21] Frank James Tester, ‘Art and Disarmament: Turning Arms into Ploughshares in Mozambique,’ Development in Practice, Vol. 16, No. 2 (2006), 172.
[22] Inge Tvedten, Margarida Paulo and Georgina Montserrat, ‘Gender Policies and Feminisation of Poverty in Mozambique,’ research report (2008), 31.
[23] Allen Isaacman and Barbara Isaacman, ‘The Role of Women in the Liberation of Mozambique,’ Ufahamu: A Journal of African Studies, Vol. 13, No. 2-3 (1984), 153.
[24] Isaacman, 153.
[25] Tvedten et al., 31.
[26] Ibid., 32.
[27] Mark Chingono, ‘Women, War and Peace in Mozambique,’ Accord, March 17, 2015.
[28] Asafika Mpako and Stephen Ndoma, ‘AD774: Mozambicans Give Government Poor Marks on Its Efforts to Promote Equal Rights for Women,’ Afrobarometer, February 26, 2024.
[29] Ibid.
[30] United Nations Human Rights Office of the High Commissioner, ‘Mozambique: UN LGBT Expert Welcomes Safe Environment, but Calls for Social Inclusion,’ 2018, https://www.ohchr.org/en/press-releases/2018/12/mozambique-un-lgbt-expert-welcomes-safe-environment-calls-social-inclusion
[31] Chris Alden, ‘The UN and the Resolution of Conflict in Mozambique,’ Journal of Modern African Studies, Vol. 33, No. 1 (1995), 105.