Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mozambique (Ratification: 1977)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee drew the Government’s attention to the terms of Act No. 19/91 on the security of the State, according to which illegal activities intended to modify institutions of the State (section 15) and the offences of defaming, slandering and insulting the President of the Republic, members of the Government, High Court judges or members of the Constitutional Council (section 22) are punishable by penalties of imprisonment. To the extent that first, under sections 15 and 22 of the Act, these activities which are likely to fall within the scope of the Convention may be punishable by a prison sentence and, second, persons sentenced to imprisonment are compelled to work. The Committee therefore recalled that the Convention prohibits any recourse to forced or compulsory labour, including compulsory prison labour, as a punishment for persons who, without resorting to violence, hold or express certain political views or views ideologically opposed to the established political, social or economic system.

The Committee notes the Government’s indication in its latest report that, in the context of the revision of the Penal Code currently under discussion, it is proposed to repeal sections 4 to 22 of Act No. 19/91 on the security of the State. The Committee expresses the firm hope that during the revision of the Penal Code, account will be taken of the above comments so that persons who express certain political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory labour further to being sentenced to imprisonment.

Process of reforming the penal legislation. The Committee hopes that the process of revising the penal legislation will be completed in the near future and requests the Government to send a copy of the new Penal Code once it has been adopted. The Government is also requested to send a copy of the new legislation regulating compulsory prison labour.