Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s first report and would like the Government to provide further information on the following points.

1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Freedom of public servants to leave their employment. The Committee notes that pursuant to section 230 of the General Public Service Regulations (Decree No. 14/87 of 20 May 1987), the employment relationship of established public servants shall end by means of an “exemption” authorized by the State or at the request of the public servant. Pursuant to section 232, the “exemption” requested by the public servant may be authorized in exceptional and duly justified cases. The Committee would like the Government to specify whether the General Public Service Regulations of 1987 are still in force. If so, please provide information on the application in practice of the abovementioned section 232 and, in particular, on the procedure to be followed by the public servant who wishes to resign and the criteria used by the administration to accept or refuse the resignation request. The Committee would also like the Government to provide information on the provisions applicable in this respect to career members of the armed forces. Please provide a copy of the relevant provisions.

2. Article 2, paragraph 2(a). Work exacted in virtue of compulsory military service laws. The Committee notes that in its report the Government indicates that citizens are under the obligation to contribute to the defence of their country, notably through military and civic service, and refers to section 267 of the Constitution and Act No. 24/97 of 23 December 1997 approving the military service. The Committee notes that, pursuant to section 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. Military service is carried out, in accordance with the law, in armed forces defence units. Moreover, the law establishes a civic service to replace or complement military service for all citizens who are not subject to military obligations. The Committee requests the Government to provide a copy of Act No. 24/97 approving the military service and a copy of the legislation governing the civic service which replaces or complements military service. In this regard, the Committee would like to draw the Government’s attention to the fact that, if work exacted in virtue of compulsory military service laws is not, by virtue of Article 2, paragraph 2(a), of the Convention, considered as forced labour, the work exacted in this context must be of a purely military nature.

3. Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 84 of the Constitution prohibits compulsory labour, with the exception of work carried out within the framework of penal legislation. The Committee notes Legislative Decree No. 15/74 of 5 November 1974, pursuant to which the Prosecutor of the Republic may 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 offering the work. The remuneration attributed to the prisoner is paid directly to prison institutions and distributed in accordance with the regulations on prisoners’ wages. The Committee also notes that, in its previous reports on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government referred to Decrees Nos. 58 and 59 of 1974 on prison labour. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, prison labour is not considered to be forced labour, provided that the said work “is carried out under the supervision and control of a public authority” and that the prisoner “is not hired to or placed at the disposal of private individuals, companies or associations”. The Committee has, however, indicated that work performed for private entities may not be contrary to the Convention if it is carried out under conditions approximating those of a free employment relationship, that is, with the consent of the prisoner and subject to a certain number of guarantees. The Committee asks the Government to provide detailed information on the different arrangements in respect of prison work, in particular where prisoners are authorized to work for private entities (consent, remuneration, etc.). Please provide a copy of the relevant legislation currently in force and, in particular, Decrees Nos. 58 and 59.

4. Article 2, paragraph 2(d). Work exacted in cases of emergency. The Committee notes that sections 12 et seq. of Act No. 18/97 of 1 October 1997 on national defence allow for the mobilization and requisitioning of the human and material resources that are vital to national defence. Sections 282 et seq. of the Constitution refer to states of siege and states of emergency. A state of siege or a state of emergency may only be declared in the event of attack or imminent attack, a serious threat or disruption to constitutional order, or a public disaster. In such circumstances, certain measures restricting freedoms may be taken, including the requisitioning of goods and services. The Committee requests the Government to indicate whether any special legislation on states of emergency and states of siege has been adopted and, if so, to provide a copy thereof.

5. Trafficking in persons. The Committee notes that several reports by the International Organization for Migration (IOM) cite Mozambique as a country of origin and transit for the trafficking of women for sexual exploitation in South Africa (Seduction, sale and slavery: Trafficking in women and children for sexual exploitation in southern Africa, May 2003, and Breaking the cycle of vulnerability – responding to the health needs of trafficked women in East and southern Africa, September 2006). The victims, attracted by an offer of work in South Africa, accept to pay traffickers to transport them across the border. In certain cases, the traffickers stop in “transit houses” in the border area, where they sexually abuse and intimidate their victims as an initiation for the sex work that awaits them. The victims are then sold to brothels in Johannesburg or taken to mining regions to be sold as “wives” to mine workers, thus becoming their sex slaves. The Committee would like the Government to provide detailed information on the measures taken to prevent, eliminate and punish the trafficking in persons for sexual exploitation or for the exploitation of their work. The Committee requests the Government to indicate whether any judicial procedures have been brought against the persons responsible for these practices, specifying the legal basis for the prosecution and the sentences handed down, and, if so, to provide a copy of the relevant court decisions. The Government is also requested to indicate the difficulties encountered by the authorities in this respect.