Mozambique has not yet endorsed the Political Declaration on the use of explosive weapons in populated areas. It did, however, actively participate in the negotiations towards a Political Declaration, and has raised concerns around explosive weapons in populated areas in multilateral forums.
At the beginning of the consultations process, Mozambique said that the Declaration should commit states to avoid using explosive weapons with wide area effects in populated areas and supported a call for the adoption and review of policies and practices—including in military doctrines, tactical instructions, rules of engagement, the testing and development of new weapons, education, and other measures—to enhance protection of civilians and compliance with international humanitarian law (IHL). It called for investigating allegations of the use of explosive weapons in populated areas in violation of IHL, and, where appropriate, for the due prosecution of perpetrators, and also supported the establishment of a follow-up mechanism. Mozambique also emphasised the importance of collecting data disaggregated by gender, disability, and age and said the declaration should recognise the rights of victims and affected communities as well as provide appropriate victim assistance to those affected in line with the Convention on the Rights of People with Disabilities.1
As the consultations progressed, Mozambique echoed many of these points. It added that the Political Declaration could reflect the impacts of explosive weapons in populated areas on the achievement of the Sustainable Development Goals, particularly Goal 16, and suggested this should be referenced in the preamble along with other relevant materials and initiatives including the commitments of the World Humanitarian Summit and the Safe Schools Declaration.2
Statements and positions
Mozambique has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. In 2017, Mozambique endorsed the communiqué arising from the (Mozambique-hosted) Maputo Regional Meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas. The Maputo Communiqué discussed the harms of explosive weapons in populated areas, the role of African states in working against it, and the need to create a Political Declaration on the matter. The 19 African states present agreed to work independently and cooperatively to, inter alia: avoid the use of explosive weapons with wide area effects in populated areas; encourage collection of data and information; fully support the process towards adoption of an international Political Declaration; promote bilateral and regional cooperation through sharing experiences, good practices and expertise on reducing the harm caused by explosive weapons to civilians; constructively engage in discussions and initiatives at international level that could effectively provide greater protection to civilians in armed conflicts; foster deeper and further engagement from African States; and strengthen cooperation and partnerships with international organizations and civil society organisations to draw upon their relevant expertise and support.3
In 2018 and 2019, Mozambique joined some 50 and 71 states respectively to endorse joint statements on the use of explosive weapons in populated areas at the UN General Assembly First Committee, calling attention to the devastating and long-lasting humanitarian impact of the use of explosive weapons in populated areas and urging states to reverse the trend of high levels of civilian harm 4.
As a member of the Organisation of Islamic Cooperation (OIC), Mozambique aligned with the World Humanitarian Summit Core Commitments to “Uphold the Norms that Safeguard Humanity” in May 2016, including the commitment “to promote and enhance the protection of civilians and civilian objects, especially in the conduct of hostilities, for instance by working to prevent civilian harm resulting from the use of wide-area explosive weapons in populated areas, and by sparing civilian infrastructure from military use in the conduct of military operations.”5 Mozambique aligned with the Joint Commitment 123002 to the World Humanitarian Summit led by Austria, in May 2016, pledging to continue to raising awareness about the challenges for the protection of civilians by the use of explosive weapons in populated areas, and to develop a Political Declaration on the issue.6