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 temporarily be suspended or restricted only 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 NGOs to register with the Ministry of Justice, Constitutional, and Religious Affairs. 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 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.
An 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
Violent attacks by Ahl al-Sunnah wal-Jamaah continued throughout the year in northern Cabo Delgado Province. The group, which claimed ties to the al-Shabaab terrorist group and was characterized by the government and the media as jihadist, was composed primarily of Muslims who followed what observers said was a strict version of Islam. The attacks, which began in October 2017, included killings of security force members and beheading of civilians. Significant security force operations to counter these attacks were at times heavy-handed, according to NGOs and news media, which said they focused primarily on Muslims following a strict interpretation of Islam and contributed to a “growing cycle of grievance and revenge” between militant Islamists and security forces. Several organizations reported men, women, and children being arbitrarily detained based on appearing to be Muslim. The government charged the detainees with crimes including first-degree murder, use of banned weapons, membership in a criminal association, and instigating collective disobedience against public order. The government continued to state publicly that security forces had the situation under control.
In response to the attacks, government officials stated they arrested more than 280 attackers, whom they termed suspected jihadists, and at year’s end were prosecuting 189 of those individuals, including 152 Mozambicans, 26 Tanzanians, and three Somali nationals. Among the individuals arrested were Muslim religious leaders. Representatives of international organizations with access to the region stated they believed the number of individuals arrested was higher than that reported by the government.
Human rights organizations stated that the government also responded by implementing policies that they said inhibited reliable reporting in the northern region. Reporting on the attacks remained limited and was often characterized as unreliable due to a strong security force presence and what journalists termed a government-imposed media blackout in the region.
In May the government reported reopening all of the seven mosques it ordered closed in 2017 after repeated attacks on police stations and hospital units by armed men who had alleged links to persons termed Islamists. According to Provincial Director of Justice Alvaro Junior, the government decided to destroy seven other mosques due to their links to radicalism.
The Ministry of Justice registered 32 new religious groups and six new religious organizations during the year. There were a total of 913 religious groups and 232 religious organizations registered. There were no reports of difficulty with religious groups registering.
The Greek Orthodox Church continued to report no progress in its efforts to obtain 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).