A/HRC/42/43/Add.2 Unemployment Convention, 1988 (No. 168); the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173); the Social Protection Floors Recommendation, 2012 (No. 202); and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). 25. Mozambique has ratified the African Charter on Human and Peoples’ Rights as well as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. It has not yet signed or ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons. 26. The country is a member of the African Union, the Commonwealth, the Southern Africa Development Community, the Community of Portuguese-speaking Countries and the Organization of Portuguese-speaking African Countries. 27. In 1990, Mozambique adopted a new Constitution that for the first time introduced a multiparty political system, explicit guarantees of human rights protection and the doctrine of separation of powers. Title III of the 1990 Constitution outlines the fundamental rights, duties and freedoms of Mozambican citizens. According to article 56, individual rights and freedoms are directly applicable, bind both public and private entities and are guaranteed by the State. 28. The Constitution was revised in 2004 and includes among its fundamental objectives the building of a society of social justice and the achievement of material and spiritual wellbeing and quality of life for its citizens; the promotion of balanced economic, social and regional development in the country; and the defence and promotion of human rights and of the equality of citizens before the law. 29. Further to article 124 of the Constitution, older persons have the right to special protection by their families, society and the State, namely with regard to the creation of housing conditions, relations within families and communities, and the commitment by public and private institutions aimed at preventing the marginalization of older persons. Under article 124, the State shall promote an old-age policy embracing economic, social and cultural measures, with a view to creating opportunities for personal fulfilment through the involvement of older persons in community life. Article 95 states that all citizens shall have the right to assistance in the case of disability or old age and that the State shall promote and encourage the creation of conditions for realizing this right. 30. In 2002, the Council of Ministers adopted a policy on older persons and a strategy for its implementation.5 In 2013, the Government enacted the Law on the Promotion and Protection of the Rights of Older Persons, with the proclaimed purpose of improving the living conditions of older persons and guaranteeing the promotion and protection of their rights. 31. The National Commission on Human Rights was established by Law 33/2009 on 22 December 2009 and became operational in September 2012. It can receive individual complaints and release public statements. Its stated priorities are cases of violence by law enforcement agents, judicial corruption and violations of prisoners’ rights; it also works on the protection of older persons from violence, maltreatment, abuse and neglect. The declared intent to improve data collection and documentation in this regard is hampered by a lack of capacity and resources. 32. The Ombudsman was elected by the parliament in May 2012. His main duty is to ensure the protection and promotion of citizens’ rights in relation to the actions of public servants and institutions. The Ombudsman receives funds from the State budget and human resource support is seconded to him from other government departments. He hears complaints, receives petitions and makes specific recommendations to the department against which the complaints were made. However, as those departments are not bound by the recommendations of the Ombudsman, the impact of this mechanism remains weak. 5 6 Resolution No. 84/2002 of 12 November 2002, available at www.preventionweb.net/files/16411_eldelypolicyandimplementationstrate.pdf.