Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. Trafficking in persons. On the basis of reports from the International Organization for Migration (IOM) citing Mozambique as a country of origin and transit for the trafficking of women for their sexual exploitation in South Africa, the Committee requested the Government to provide detailed information on the measures taken to prevent, suppress and punish trafficking of persons for the purpose of their sexual exploitation or the exploitation of their labour. It notes that the Government indicates in its report that it has drawn up a draft law on the trafficking of persons which is before Parliament for approval. The Committee hopes that this draft will be approved in the very near future, inasmuch as the adoption of a law criminalizing and punishing trafficking in persons constitutes one of the key elements of an effective policy to combat trafficking. The Committee also requests the Government to indicate the other measures taken to combat this phenomenon in terms of raising public awareness and the involvement of the public authorities, and also in the area of prevention and assistance provided to victims. In view of the concordant information of cases of trafficking to South Africa, both for sexual exploitation and for the exploitation of the victims’ labour, the Committee requests the Government to provide information on the measures taken to ensure that judicial proceedings are instituted and the perpetrators are effectively penalized.

2. Freedom of public servants to leave their employment. In its previous comments, the Committee referred to section 232 of the General Public Service Regulations (Decree No. 14/87 of 20 May 1987), according to which, resignation requests submitted by public servants could be authorized in exceptional and duly justified cases. It requested the Government to provide information on the criteria used by the administration to accept or refuse resignation requests. The Government indicates in its report that section 232 has been repealed and that resignation requests submitted by officials belong to the category of administrative acts covered by the system of tacit acceptance. Accordingly, in the absence of a reply from the administration during the 20 days following the date of submission of the resignation request, the latter is deemed to have been tacitly accepted. The Committee notes this information and requests the Government to indicate whether, in practice, cases have arisen in which the request has been refused or adjourned and, if so, to state the reasons given by the administration.

The Committee also notes that the Government indicates that a draft law on the public service has been submitted to the Assembly. Please send a copy of this law once it has been adopted, as well as the regulations governing military personnel in the Mozambique armed forces. These regulations were sent by the Government together with its last report but in an incomplete version.

Article 2, paragraph 2(a). Work exacted by virtue of compulsory military service laws. With reference to its previous comments, the Committee notes Act No. 24/97 of 23 December 1997 on military service, sent by the Government. The Committee requests the Government to indicate whether civic service to replace or complement military service for citizens who are not subject to military obligations, to which article 267(3) of the Constitution refers, has been instituted. If so, please send a copy of the relevant legislation.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that Legislative Decree No. 15/74 of 5 November 1974 allows the Prosecutor of the Republic to authorize prisoners, sentenced for the first time, to work outside the prison for public or private entities on the basis of contracts concluded between the management of the prison institution and the entity supplying the work. Noting that the Government referred to Decrees Nos 58 and 59 of 1974 on prison labour, the Committee asked it to provide a copy of the relevant legislation currently in force and also information on the way in which prison labour is organized, whether inside or outside prison institutions. In reply, the Government indicates that detailed information on this matter will be sent in due course. The Committee hopes that this information and a copy of the legislation in force will indeed be sent with the Government’s next report. In particular, it requests the Government to provide information on the nature of work performed by prisoners for private entities, the manner in which prisoners express their consent to this work and the remuneration which they receive.