Ms. Dubravka Simonovic, expert from Croatia and Chairman of the Committee, asked whether the Convention took precedence over the Constitution. She wanted to know the hierarchy of laws in Mozambique and the measures taken to ensure that all laws conform to the provisions of the Convention. She also asked if NGOs were consulted during the preparation of the report and if it had been presented to Parliament..
The Delegation of Mozambique said that the country had relied on the Convention to prepare national legislation. Indeed, national and international legal instruments have been used to draft the Constitution. Men should participate in efforts to improve Status of Women, she also agreed. However, efforts are underway at several levels to encourage men to participate in this process. This will also reduce the violence. In examining the legislation, there is a Review Committee within the Ministry of Justice, which works with several ministries including the Ministry of Women and Social Action. International conventions must be issued by Presidential Decree to be enforceable. Mr. Albachir Macassar added that the Conventions, once ratified, had the force of law, which is notably the case of the CEDAW Convention. The process of review of legislation, during the past two years, attempts to integrate elements of international law into national law. In addition, the Family Code contains most of the provisions of the Convention.
NGOs participated in preparing the report, assured the Head of the delegation, and a budget has been allocated for the preparation of the report. The two bills mentioned by the expert from Japan should be approved at the next session of Parliament. As for the community courts, they operate on the basis of local law. This is the Provincial Committee which usually requires the application of community justice. Seven judges sit in local courts, whose appointment is in according to their integrity and reputation. The laws are applied to both formal and traditional.
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