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Mozambique
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
b. No, existing regional/provincial/other boundaries are used
Comments: There are 11 constituencies corresponding to the 10 provinces and the city of Maputo returning a total of 248 MPs while expatriates in Europe and Africa return 1 member each. The number of seats allocated to each constituency is determined afresh for each election based on the proportion of voters registered in each
Last updated: 2007-10-09 07:05:37 UTC
BD03 On what criteria are the boundaries drawn?
d. Conformity with local jurisdiction boundaries
Comments: "For the parliamentary elections the following constituencies shall be formed: a) provincial constituencies, totalling 247 deputies: each province and the city of Maputo shall comprise a constituency represented in the Assembleia da Republica by a number of deputies established by the National Electoral Commission in proportion to the number of Registered Electors. b) the constituency of the Mozambican communities outside the country, represented by a fixed number of three deputies: two for Africa and one for the rest of the world." For the local elections new delimitation was made according to the number of villages or neighbourhoods in each constituency.
Last updated: 2007-10-09 07:09:50 UTC
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Sydney Letsholo
b. Job Title: Research Assistant
c. Organisation: EISA
d. Contact Address. 14 Park Road, Richmond, Johannesburg, South Africa
e. Telephone: 0027-11-4825494
f. Facsimile: 0027-11-4826163
g. Email: [email protected]
Last updated: 2006-10-16 15:05:31 UTC
DD02 Which forms of direct democracy, if any, are currently possible at the national level?
Please check the glossary for the definition of the following terms:
a. Mandatory referendum
Source: The 1990 Constitution of Mozambique
Last updated: 2006-10-16 14:20:30 UTC
DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional
Source: The 1990 Constitution of Mozambique
Last updated: 2006-10-16 14:20:30 UTC
DD04 What is the legal basis for optional referendums at the national level?
e. Not applicable
Last updated: 2006-10-16 14:20:30 UTC
DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable
Last updated: 2006-10-16 14:20:30 UTC
DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable
Last updated: 2006-10-16 14:20:30 UTC
DD07 What is the legal basis for recalls at the national level?
e. Not applicable
Last updated: 2006-10-16 14:20:30 UTC
DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
Source: The 1990 Constitution of Mozambique
Last updated: 2006-10-16 14:21:14 UTC
DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-16 14:21:14 UTC
DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level?
Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-16 14:21:14 UTC
DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level?
Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-16 14:21:14 UTC
DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-16 14:21:14 UTC
DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level?
Date (yyyy)
a. Mandatory referendum 1990
Source: The 1990 Constitution of Mozambique
Last updated: 2006-10-16 14:28:09 UTC
DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
a. Mandatory referendum 1990
Source: The 1990 Constitution of Mozambique
Last updated: 2006-10-16 14:28:47 UTC
DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission
Source: The 2002 Electoral Law, Chapter II
Last updated: 2006-10-16 14:29:52 UTC
DD16 Does this agency/department also manage the administration of national elections?
a. Yes
Last updated: 2006-10-16 14:31:22 UTC
DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces
Last updated: 2006-10-16 14:31:22 UTC
DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-16 14:31:22 UTC
DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-16 14:31:22 UTC
DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-16 14:31:22 UTC
DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-16 14:31:22 UTC
DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-16 14:33:27 UTC
DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-16 14:33:27 UTC
DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-16 14:33:27 UTC
DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-16 14:33:27 UTC
DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-16 14:33:27 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
j. Other (specify)
Comments: j) "President [...] decide on the holding of referenda on amendments to the constitution or on matters of fundamental interest for the nation."
Source: The 1990 Constitution of Mozambique, Chapter II
Last updated: 2006-10-16 14:36:31 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
k. None
Last updated: 2006-10-16 14:45:50 UTC
DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
b. Adoption of international treaties
c. Transfer of authority to international bodies
d. National sovereignty, national self-determination
e. Conflict between constitutional organs
f. Devolution
g. Civil service
h. Taxes and public expenditure commitments
Last updated: 2006-10-16 14:45:50 UTC
DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None
Last updated: 2006-10-16 14:45:50 UTC
DD31 Who can initiate a referendum at the national level?
c. President
Source: The 1990 Constitution of Mozambique, Chapter II
Last updated: 2006-10-16 14:45:50 UTC
DD32 Who is responsible for drafting the mandatory referendum question?
b. Independent electoral commission
Last updated: 2006-10-16 14:48:35 UTC
DD33 Who is responsible for drafting the optional referendum question?
g. Not applicable
Last updated: 2006-10-16 14:48:35 UTC
DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
a. The title of the proposal
Last updated: 2006-10-16 14:48:35 UTC
DD35 Which of the following, if any, are required to be included in the optional referendum question?
f. Not applicable
Last updated: 2006-10-16 14:48:35 UTC
DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
b. Independent electoral commission
Last updated: 2006-10-16 14:48:35 UTC
DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
f. Not applicable
Last updated: 2006-10-16 14:48:35 UTC
DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
Last updated: 2006-10-16 19:40:56 UTC
DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
d. Not applicable x
Last updated: 2006-10-17 09:38:38 UTC
DD40 What are the requirements for mandatory referendums to pass?
a. Simple majority (>50%)
Last updated: 2006-10-16 14:53:06 UTC
DD41 What are the requirements for optional referendums to pass?
e. Not applicable
Last updated: 2006-10-16 14:54:32 UTC
DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election?
Tick all that apply and specify below in the comments section.
f. Other
Last updated: 2006-10-16 14:54:32 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Comissão Nacional de Eleições (National Election Commission)
b. Full Address Rua Dr. Almeida Rbieiro No 100
c. Telephone 258-1-430286/7
d. Facsimile 258-1-427750
e. Email [email protected]
f. Website Address None
g. Name and Title of Chairperson/President Dr João Leopoldo da Costa
h. Information Officer David Sande
i. Official language of the electoral law governing national elections Portuguese
Comments: Mozambique has two electoral organs. One is the electoral Commission itself, and the other is the technical body. The technical body currently works under the National Electoral Commission. Its contact details are the following: Technical Secretariat for Electoral Administration (STAE) Telephone: 258-1-430282/5 and 258-1-427723 Fax: 258-1-427740 Director General: Antonio Carrasco Head of Press Cabinet: Lucas Jose Head of Civic Education Department: Claudio Albasini
Source: Felisberto Naife, Director of Training and Civic Education Division, Mozambique Technical Secretariat for Electoral Administration.
Last updated: 2008-01-21 13:41:55 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
Source: Constitution of Mozambique 1990, Article 135(3).
Last updated: 2008-01-21 13:41:55 UTC
EM04 The budget of the national electoral management body is determined by:
c. The legislature
g. Other
Comments: The operational expenditure of the commission shall be covered by an appropriation from the state budget to the Technical Secretariat for the Administration of Elections, not precluding additional funding from other sources.
Last updated: 2008-01-21 13:41:55 UTC
EM05 The expenditures of the national electoral management body are controlled by:
e. Another organ within the national government
Comments: Technical Secretariat for the Administration of Elections
Last updated: 2007-10-08 14:02:39 UTC
EM06 The term of the members of the national electoral management body is:
a. For the election period only
Comments: The term of office of the (National Electoral Commission (Comissão Nacional de Eleições) CNE) is five years and new commissioners must be appointed within 60 days "after the start of each legislative period.
Last updated: 2007-10-08 14:02:39 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: US$40.8 million
Comments: 40 800 000 USD
Last updated: 2008-01-21 13:41:55 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 7,099,105
Last updated: 2008-01-21 13:41:55 UTC
Electoral Systems
ES01 How is the Head of State selected?
a. Head of State is the Head of Government
Comments: The President of Mozambique is both Head of State and Government; and is elected by an absolute majority through a universal adult franchise.
Source: Constitution of Mozambique 1990, Article 117.
Last updated: 2007-10-08 12:55:58 UTC
ES02 How is the Head of Government selected?
b. Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President of Mozambique is both Head of State and Government; and is elected by an absolute majority through a universal adult franchise.
Source: Constitution of Mozambique 1990, Article 117.
Last updated: 2007-10-08 12:55:58 UTC
ES03 Does the country have a president?
a. Yes
Comments: Constitution: "The President of the Republic is the head of State, embodying national unity, representing the nation domestically and internationally, and overseeing the correct operation of the State organs."
Source: Constitution of Mozambique 1990, Article 117.
Last updated: 2007-09-28 11:56:32 UTC
ES04 The national legislature consists of (one/two chambers):
a. One chamber
Comments: Constitution:"1. The Assembly of the Republic is the highest legislative body in the Republic of Mozambique. 2. Through laws and resolutions of a general character, the Assembly of the Republic shall regulate social and economic affairs and the administration of State activity."
Source: Constitution of Mozambique 1990, Article 133.
Last updated: 2007-09-28 11:58:01 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation
Comments: The Assembly of the Republic is the legislature and consists of 250 members elected every five years by proportional representation with a 5% entry threshold. 248 seats are elected from the 12 provinces each acting as a constituency, with the number of seats allocated to each province based on the population. Two members are elected by expatriates, one for Africa and Europe each.
Source: Constitution of Mozambique 1990, Article 134.
Last updated: 2007-10-08 12:55:58 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Not Applicable
Last updated: 2007-09-28 11:53:23 UTC
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
Comments: Principle electoral legislation is: Law 7/2007 (governs Presidential and Parliamentary elections) Law 8/2007 (governs establishment and functioning of the EMB (CNE)) Law 9/2007 (governs voter registration) Law 10/2007 (governs Provincial elections) Law 18/2007 (governs municipal elections)
Last updated: 2007-10-08 13:07:02 UTC
LF03 The national electoral law covers:
a. National elections
Comments: Law 7/2007 (governs Presidential and Parliamentary elections)
Last updated: 2007-10-08 13:02:58 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Comments:
Last updated: 2007-10-08 13:07:02 UTC
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB
d. Other
Comments: Complaints must be filed immediately with the polling station, which makes an initial decision. Appeals can then be filed with the National Electoral Commission. The judicial appeal shall be lodged with the National Electoral Commission on the day following the counting of the votes.
Last updated: 2007-10-08 13:07:02 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-02-22 14:14:57 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-01-17 09:05:10 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-01-17 09:05:10 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-01-17 09:05:10 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-01-17 09:05:10 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-01-17 09:05:10 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
Comments: a) National Electoral Commission empowered to allocate time equally on state broadcasting media.
Last updated: 2007-10-09 08:33:18 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X
Last updated: 2007-10-01 11:49:58 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-01-17 09:05:10 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-01-17 09:05:10 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-01-17 09:05:10 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-01-17 09:05:10 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
c. No
Source: http://ec.europa.eu/comm/external_relations/human_rights/eu_election_ass_observ/mozambique/2004/finalreport.pdf
Last updated: 2007-01-19 14:05:11 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-01-17 09:05:10 UTC
ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
f. 10 or more days
Comments: No opinion polls may be published between the start of the campaign period and until the official results are declared. The campaign period starts 30 days before the election.
Source: EISA Election Update 2004: Mozambique, No 2, November 2004, 3, [www] http://www.eisa.org.za/PDF/eumoz200402.pdf
Last updated: 2007-10-09 08:33:18 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
c. Regional distribution requirement
e. Minimum number of candidates
Comments: Must register with the Ministry of Justice to function as a political organisation (once-off permanent) and with the National Electoral Commission for participation in an election (prior to every election, valid only for that election).
Source: EISA 2006 "Mozambique: Party registration and code of conduct", [www] http://www.eisa.org.za/WEP/mozparties3.htm
Last updated: 2007-10-09 07:36:06 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: The national legislature consists of one chamber only.
Source: Constitution of Mozambique 1990, chapter III, Article 133.
Last updated: 2007-10-01 11:28:25 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
Last updated: 2007-10-09 07:52:41 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable
Comments: The national legislature consists of one chamber only.
Source: Constitution of Mozambique 1990, Chapter III, Article 133.
Last updated: 2007-10-01 11:27:28 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
b. In presidential elections
Comments: The nominations for the post of President of the Republic may also be presented by group of voters or citizens, with the minimum number of ten thousand signatures.
Last updated: 2007-10-09 07:52:41 UTC
PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect
Comments: Public funding allocated by National Electoral Commission: One-third of to presidential candidates, one-third to political parties in parliament in proportion to the seats held and one-third to parties fielding candidates for parliament in proportion the number of candidates fielded.
Last updated: 2007-10-09 07:52:41 UTC
PC15 What is the basis of the public funding?
c. Based on current legislative representation
d. Based on number of candidates put forward in present election
e. Other
Comments: Public funding allocated by National Electoral Commission: One-third to political parties in parliament in proportion to the seats held and one-third to parties fielding candidates for parliament in proportion the number of candidates fielded. e.One-third of to presidential candidates.
Last updated: 2007-10-09 07:52:41 UTC
PC17 Are political parties entitled to private funding?
a. Yes
Comments: Parties and coalitions may not receive funds from foreign governments and institutions or companies owned by foreign governments. Within 60 days of the publication of the results of the election concerned all the parties, candidates and coalitions that participated in the election must give account of incomes received and expenses made to the National Electoral Commission.
Last updated: 2007-10-09 07:52:41 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Comments: Counting takes place immediately after close of polls, in polling stations by presiding officer, under the observation of polling officers, candidate/party agents and observers.
Last updated: 2007-10-09 08:21:27 UTC
VC11 Under what conditions are ballots recounted?
e. Court order
Comments: Petitions are made to the National Electoral Commission (CNE) within two days of the results being published. Appeals against decisions made by the CNE are made to the Constitutional Council within three days of the decision being published and must be decided on within 5 days.
Last updated: 2007-10-09 08:22:26 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
g. NGOs/ Civic Organizations
i. Media
Comments: National Elections Commission(CNE) responsible through promoting civic education through organs of civic society and the mass media. Executed through co-operation between electoral commission, state media and NGOs.
Last updated: 2007-10-09 07:15:51 UTC
VE02 At the national level, how often are voter education programs conducted?
a. Continuously
Comments: In the past voter education programs have been conducted only during election time. Beginning in 2003 they will be conducted continuously.
Source: Felisberto Naife, Director of Training and Civic Education Division, Mozambique Technical Secretariat for Electoral Administration.
Last updated: 2007-10-09 07:12:38 UTC
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
h. Yes, conducted by NGOs/ Civic Organizations
j. Yes, conducted by the Media
Comments: The National Elections Commission(CNE) responsible through promoting civic education through organs of civic society and the mass media. Executed through co-operation between electoral commission, state media and NGOs
Last updated: 2007-10-09 07:15:51 UTC
Voting Operations
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
Comments: "The right to vote shall be exercised at the polling station corresponding to the place where the voter has been registered."
Last updated: 2007-10-09 07:22:25 UTC
VO04 Who can vote from outside the country?
b. Citizens residing outside the country
Comments: Citizens who reside and have been registered abroad can exercise their voting rights at their Republic of Mozambique embassies and consulates.
Last updated: 2007-10-09 07:23:02 UTC
VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates
Comments: Citizens who reside and have been registered abroad can exercise their voting rights at their Republic of Mozambique embassies and consulates.
Last updated: 2007-10-09 07:23:24 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: Approximately 1000
Last updated: 2007-10-01 10:11:07 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Comments: "...the voter shall enter the voting booth, where, alone, s/he shall put a cross or fingerprint mark in the square next to the candidature for which s/he votes, and fold the ballot paper in four."
Last updated: 2007-10-09 07:24:00 UTC
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 5
b. The largest polling station: 5
Last updated: 2007-10-01 10:11:07 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Last updated: 2007-10-09 07:21:00 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
Last updated: 2007-10-09 07:18:30 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: National Electoral Commission (Comissão Nacional de Eleições, CNE)
Last updated: 2007-10-09 07:21:00 UTC
May 20, 2008 08:19 AM
