The project act of politicization of
public institutions, which now will be debated in the plenary of Parliament,
presents a priori legal and formal nature issues that call into question its
adoption, particularly with regard to merit and opportunity . This was noted during the hearing that
the commissions on Constitutional Affairs, Human Rights and Rule of Law and
Public Administration and Local Government, held with the leadership of the
parliamentary group of the Democratic Movement of Mozambique (MDM) in its
proponent of quality of the project . Speaking to journalists moments after
this meeting, the president of "First Commission", Edson Macuacua
said such gaps are limited in the project that do not present subject matter,
scope, or epigraphs of retracted articles. "The project exposes legal issues
of a formal nature, that arise, such as the fact that the project does not
display the object and its context, which calls into question a priori, their
analysis to assess the idea of law "said the president of" First
Commission ". Edson Macuácua also said that a law to
be passed, "has to bring, always new. You must add value to the system,
"an implicit reference to the document submitted by the MDM does not
respond to these expectations. The Democratic Movement of Mozambique
submitted to Parliament a draft Apartidarização Act of state institutions,
document with nine articles. According Macuácua, they do not have
title or title, a fact that was questioned during the hearing between the
applicant and the two specialty commissions.
In this regard, Luther Simango,
head of MDM bench stated that his parliamentary group is open to suggestions,
criticism and other contributions to improve the legislation so that it can be
approved today, when it is debated by the plenary.In fact, in its reasoning, MDM refers to
as his claim to create a law that reflects the equidistant nature of the state
in relation to political parties. "In this sense, apartidarização
goes far beyond despartidarização as a set-off and temporary measures for the
elimination and correction of clear benefit of political parties in the state
of practical operation," the project. The document in our possession indicates
that if one considers the fact that the political parties in Africa, and
particularly in Mozambique, had a historic and unique function to call on you,
the hard and honorable task of struggle and proclamation independence, fears of
confusion and interpenetration of a sphere over another are not insignificant. "In fact, in Mozambique, the party
that proclaimed independence was declared also the sole legitimate
representative of the Mozambican people and proclaimed the connection between
party and state, an achievement that should be defended at all costs. And, at
the meeting of Nacala in 1978, founding and creating the foundations of the new
government, which was born from the ashes of escangalhamento of the State
Colonial Portuguese Player, decreed to the need to belong first to the party,
and then take positions in state, "says MDM in the project. Adds the applicant that "it stood
then, the link tradition between state and party that penetrates in our
constitutionalism and political-administrative praxis in vain to the 1990
Constitution, and the new tradition of the New Republic tried to fight." In this context, the document says, in
its first article, that no citizen can be persecuted or discriminated against
because of party affiliation or political options. Article two states that the
establishment and operation of centers of political parties or other similar
forms of organization in all public institutions at all levels and public
companies or subsidiaries by the State is prohibited.
The same device prohibiting the other
hand, the use of symbols parties in state occasions, as in the case of flags,
songs and other forms aimed glory a political organization. Article three, the project MDM prohibits
the use of state assets, government buildings, circulating medium of the
government, embassies and consulates of the Republic of Mozambique, abroad, for
partisan purposes. "Placing couplets and propaganda
material Party activities and meetings and meeting of the same kind is
prohibited in state buildings," concludes the third article of the draft. Members of the Defence and Security
Forces are prohibited from participating in party meetings, attend headquarters
of political parties, use and carry propaganda material of political parties
and / or have party members cards. On the other hand, are required, the
heads of public institutions and companies of the state or participated by the
State in its appointments, grant privileges, dividend distribution, abide by
the principle of meritocracy and professionalism, refraining from influences
partisan nature.The outrage of these and other
provisions contained in this proposal is sanctioned with fines up to six
minimum wages, imprisonment up to one year, lose the position.
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