Legal Framework
The constitution defines the country as a secular state. It prohibits religious discrimination, provides for the right of citizens to practice or not practice a religion, and stipulates that no individuals may be deprived of their rights because of religious faith or practice. Political parties are constitutionally prohibited from using names or symbols associated with religious groups. The constitution protects places of worship and the right of religious groups to organize, worship, and pursue their religious objectives freely and to acquire assets in pursuit of those objectives. It recognizes the right of conscientious objection to military service for religious reasons. These and other rights may only temporarily be suspended or restricted in the event of a declaration of a state of war, siege, or emergency, in accordance with the terms of the constitution.
The law requires all nongovernmental organizations to register with the Ministry of Justice, Constitutional, and Religious Affairs (MOJ). Under the law, “religious organizations” are charities or humanitarian organizations, whereas “religious groups” refer to particular denominations. Religious groups register at the denominational level or at the congregational level if they are unaffiliated. Religious groups and organizations register by submitting an application, providing identity documents of the local leaders, and submitting documentation of declared ties to any international religious group or organization. There are no penalties for failure to register; however, religious groups and organizations must show evidence of registration to open bank accounts, file for exemption of customs duties for imported goods, or submit visa applications for visiting foreign members.
A 2012 accord between the national government and the Holy See governs the Catholic Church’s rights and responsibilities in the country. The agreement recognizes the Catholic Church as a “legal personality” and recognizes the Church’s exclusive right “to regulate ecclesiastical life and to nominate people for ecclesiastical posts.” The agreement requires Catholic Church representatives to register with the government to benefit from the Church’s status. The accord also gives the Catholic Church the exclusive right to create, modify, or eliminate ecclesiastical boundaries; however, it stipulates that ecclesiastical territories must report to a Church authority in the country.
The law permits religious organizations to own and operate schools. The law forbids religious instruction in public schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The MOJ registered 19 new religious groups and three new religious organizations between January and August. There were a total of 859 religious groups and 219 religious organizations registered.
A Catholic Church representative said that provincial authorities in certain provinces violated the 2012 accord with the Holy See by requiring local dioceses to register with local authorities separately or present some form of proof of previous registration. The Catholic Church continued to pursue the return of property the government seized following independence. A Catholic Church representative reconfirmed that the government had returned approximately 60 percent of property seized from the Church after independence as of August and that the Church continued negotiations regarding the remaining 40 percent.
The Greek Orthodox Church continued to seek the return of the Ateneu (Athenaeum), a church property in central Maputo seized by the government after independence and renamed the Palacio dos Casamentos (Wedding Palace).