Monday’s issue
of the independent newssheet “Mediafax” informs us, in a headline on its front
page, that Mozambique’s ruling Frelimo Party “continues to stick its hands into
an inefficient judicial system”.The paper’s
source for this claim is the recently published human rights report for 2014
issued by the US State Department. The State Department has a legal obligation
to issue human rights reports annually on all countries, with the significant
exception of the United States itself.The paragraph
that “Mediafax” seized on is the following: “Although the constitution and law
provide for an independent judiciary, according to civil society groups the
executive branch and the ruling Frelimo party heavily influenced an
understaffed and inadequately trained judiciary”.Which civil
society groups made this claim and when? The State Department does not tell us,
but it is instructive to look back at the reports from previous years.Thus for 2013,
the State Department report said “Although the constitution and law provide for
an independent judiciary, according to civil society groups, the executive
branch and the ruling Front for the Liberation of Mozambique (Frelimo) party
heavily influenced an understaffed and inadequately trained judiciary
particularly in the lower tiers.”.
And the report
for 2012 said “Although the constitution and law provide for an independent
judiciary, according to civil society groups, the executive branch and the
ruling Front for the Liberation of Mozambique (Frelimo) party heavily
influenced an understaffed and inadequately trained judiciary, particularly in
the lower tiers”.And guess what
– for 2011, the report said “Although the constitution and law provide for an
independent judiciary, according to civil society groups, the executive branch
and the ruling Front for the Liberation of Mozambique (Frelimo) party heavily
influenced an understaffed and inadequately trained judiciary, particularly in
the lower tiers”.Year after
year, we see almost exactly the same formulation. This goes right back to 2009.
But for 2008, the report was a bit different. Then it said “The constitution
and law provide for an independent judiciary; however, the executive branch and
the ruling FRELIMO party heavily influenced an understaffed and inadequately
trained judiciary, particularly in the lower tiers”. Even the minimal source of
unnamed “civil society groups” was not used then.Are we to
suppose that the same anonymous civil society groups were contacted every year,
from 2009 to the present, by the US embassy, and said exactly the same thing,
word for word? A more parsimonious explanation would be that lazy diplomats at
the embassy simply copied and pasted from the previous year’s report, working
on the principle that “if we said it last year, it must be true”.In other words,
nothing at all can be understood about the Mozambican judiciary from such a
report. To learn whether or not Frelimo exercises undue influence on the
courts, reporters would have to do their own homework, and interview their own
sources, instead of giving credibility to a US report which just recycles
itself, year after year.