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Forced Labour Convention, 1930 (No. 29) - Mozambique (Ratification: 2003)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mozambique (Ratification: 2018)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Mozambique of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on the application of the Protocol, in accordance with the report form adopted by the Governing Body.

Article 2(2)(a) of the Convention. Work exacted by virtue of compulsory military service laws. Civic service. The Committee notes that, pursuant to article 263(3) of the Constitution, the law shall establish a civic service to replace or supplement military service for citizens who are not subject to military duties. It notes the adoption of Act No. 14/2019 of 23 September 2019, revising and abrogating Act No. 6/2009 of 10 September 2009 on the principles and basic rules governing civic service. The Committee notes, more particularly, that Act No. 14/2019 provides that: (1) citizens between the ages of 18 and 35 years who are not subject to military duties shall perform civic service which consists of activities of an administrative, cultural or economic nature or the provision of assistance to replace or supplement military service; (2) civic service can be performed for the benefit of public or private institutions; (3) the minimum period of civic service is two years which can be extended for three additional years on a voluntary basis; and (4) the Government shall determine annual contingents who are to be covered by civic service. The Committee notes that section 2(2) of Act No. 14/2019 defines “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service as those who have not been called to perform military service. It notes the Government’s indication, in its report, that such persons are: individuals who do not meet the psychological and physical criteria to perform military service; individuals who have postponed their military obligations; and enlisted individuals who have not been called up for service as a result of all military vacancies being filled. The Government adds that around 1,200 individuals are required to perform civic service each year.

The Committee notes with concern that the Government did not seize the opportunity of the revision of the legislation governing civic service to take into consideration the concerns previously raised by the Committee in that regard. Observing that civic service can be used for carrying activities of an economic nature, the Committee draws the Government’s attention to the fact that to be excluded from the scope of application of the Convention, and therefore to not constitute forced labour, any work exacted by virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements compulsory military service. The Committee requests the Government to provide information on: (i) the manner in which persons who are required annually to perform civic service are selected; (ii) whether such persons may refuse to perform civic service; and (iii) the consequences of such refusal. It further requests the Government to continue to provide information on the number of persons who are required annually to perform civic service, as determined by the Governmentas well as concrete examples of the work performed.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour performed for the benefit of private entities. The Committee notes that, pursuant to section 53 of the Code for the Implementation of Sentences, approved through Act No. 26/2019 of 27 December, prisoners who have completed one third of their sentence and have a record of good behaviour may be authorized to work for public or private entities within the framework of a contract concluded between such entities and the prison management. It further notes that, pursuant to section 54 of the Code for the Implementation of Sentences, prisoners may also conclude an individual contract with a private entity, after authorization of the prison management, and shall enjoy the same level of protection as other workers who are not prisoners regarding safety, health and other conditions of work. As regards remuneration, 50 per cent of the salary received by the prisoner is for family expenses, reserve savings and personal use; 30 per cent is reverted to the General Penitentiary Services Fund; 10 per cent is reverted to a fund established to support prisoner’s social reintegration when released; and 10 per cent is for the payment of maintenance obligations or compensation for the victim of the crime for which the prisoner was sanctioned (sections 51-56 of the Code). The Committee notes the Government’s indication that 41 labour contracts have been signed by the National Penitentiary Service with the consent of prisoners. It observes, however, from the copy of labour contracts forwarded by the Government, that when the contract is concluded between the private entity and the prison management, in the framework of section 53 of the Code for the Implementation of Sentences, such contract is not signed by the prisoner. The Committee recalls that to be compatible with the Convention, work performed by prisoners for private entities must be carried out under conditions close to a free labour relationship, that is with the free, formal and informed consent of prisoners, and with certain guarantees and safeguards to ensure that the work is performed under conditions approximating a free labour relationship. The Committee therefore requests the Government to provide information on the manner in which it is ensured, both in law and practice, that prisoners performing work for private entities, in the framework of a contract concluded between a private entity and the prison management, pursuant to section 53 of the Code for the Implementation of Sentences, give their consent to work for private entities. It further requests the Government to continue to provide information on the number of authorizations granted for prisoners to work for private entities, in the framework of contracts concluded between a private entity and the prison management or between a private entity and a prisoner.

2. Community work. The Committee notes that section 75 of the Penal Code provides that community work can be imposed by court order, as an alternative penalty to imprisonment, on offenders liable to a sentence of imprisonment of up to three years. Community work consists of undertaking an activity, service or task, without pay, for the community in public or private entities pursuing public or community interest aims, such as services provided in hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities. The Committee observes that community work is further regulated by sections 138 to 172 of the Code for the Implementation of Sentences and that, pursuant to section 139, the order of community work is issued by a court and after receipt of such order the convicted person shall immediately appear before the Alternative Penalty to Imprisonment Service. The Committee notes the Government’s statement that courts are responsible for determining penalties and any additional measures to be applied to a convicted person. Furthermore, pursuant to section 2(1) of Act No. 3/2013 of 16 January 2013, the National Penitentiary Service (SERNAP) is responsible for the execution of alternative penalties to imprisonment. The Committee notes the Government’s indication that 19 private entities have been authorised to receive persons convicted to community work, so far.

The Committee wishes to draw the Government’s attention to the fact that community work can only be carried out for the State in the public interest or for non-profit-making entities. Where community work may be performed for private bodies such as charitable associations or institutions, the Committee seeks assurance that practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is carried out is a non-profit-making organization (see 2007 General Survey on the eradication of forced labour, paragraphs 125–128 and 204). Observing that the legislation authorizes community work to be performed for private entities, the Committee requests the Government to provide information on the manner in which it is ensured, both in law and practice, that the penalty of community work may not be imposed without the consent of the convicted person. It also requests the Government to provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the competent public authority to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee requests the Government to continue to provide information on the number and nature of private entities authorized to receive persons convicted to this penalty and examples of the work performed.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Mozambique of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on the application of the Protocol in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously requested the Government to strengthen its efforts to combat trafficking and to implement a coordinated strategy in this regard, including through the adoption of a national action plan and the implementing regulations of Act No. 6/2008 of 9 July establishing the legal framework applicable for preventing and combating trafficking in persons. The Committee notes the Government’s indication, in its report, that several awareness-raising activities were undertaken, including 1,299 presentations which were attended by 76,197 individuals throughout the country, and 55 radio and TV broadcasts, in 2022. The Government adds that the National Criminal Investigation Service (SERNIC) also carried out preventive actions through its National Reference Group (GRN) for Trafficking in Persons, Illegal Immigration and Child Protection, including in collaboration with the International Organisation for Migration (IOM). Furthermore, several training activities were carried out in order to strengthen the capacities of front-line officials, including from the Government, border control police and customs and migration services, with a view to ensuring better identification, referral and assistance for victims of trafficking in persons.

In this regard, the Committee notes that, in its 2021 annual report to the Assembly of the Republic, the Prosecutor-General highlights the specific difficulties faced in detecting cases of trafficking in persons and identifying victims, as well as the need for concerted and increased efforts to prevent and combat trafficking in persons. The Prosecutor-General of the Republic indicates that only two cases of trafficking were investigated in 2020. The Committee further notes that in, July 2022, two Mozambican citizens were convicted by a South African Court for trafficking in persons for purposes of labour involving 39 persons from Mozambique. In this regard, the Committee notes that, according to data from the IOM and UNDOC Regional Office for Southern Africa, Mozambique remains a country of origin, transit and destination for trafficking in persons, with most victims being trafficked into forced labour, particularly in the agricultural and mining sectors, especially in South Africa. It further notes that, in the context of the deteriorating security situation in the Cabo Delgado region in the north of the country that has so far generated over 800,000 Internally Displaced Persons (IDPs), specific concerns were expressed regarding the increasing vulnerability to trafficking of persons escaping the conflict (IOM, Displacement Tracking Matrix, June 2022).

While taking due note of the activities undertaken in order to raise public awareness and strengthen the capacity of public officials to identify cases of trafficking in persons, the Committee notes with concern the low number of cases of trafficking investigated and prosecuted; the absence of progress in the adoption of an action plan and implementing regulations of Act No. 6/2008; and the lack of information from the Government on cases identified, and protection and assistance provided to victims. The Committee urges the Government to step up its efforts in order to prevent and combat trafficking in persons and take the necessary measures to adopt the national plan to prevent and combat trafficking in persons and implementing regulations of Act No. 6/2008. It further requests the Government to provide information on the concrete and coordinated measures implemented with a view to: (i) preventing trafficking in persons and raising public awareness of the issue, in particular in the Cabo Delgado region; (ii) reinforcing the capacities and training of the authorities responsible for the detection and prosecution of cases of trafficking; and (iii) ensuring the effective protection and reintegration of victims. The Committee requests the Government to provide information on the number of cases of trafficking in persons identified, and the investigations and judicial proceedings initiated, convictions handed down and specific penalties imposed on perpetrators under Act No. 6/2008.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory military service laws. Civic service. The Committee previously noted that, pursuant to article 267 of the Constitution, the law shall establish a civic service to replace or supplement military service for citizens who are not subject to military duties. According to Act No.16/2009 of 10 September 2009 determining the principles and basic rules governing civic service and its implementing Decree No. 8/2010 of 15 April 2010, citizens between the ages of 18 and 35 years who are not subject to military duties shall perform civic service, which consists of activities of an administrative, cultural or economic nature or the provision of assistance. The Council of Ministers shall determine the annual contingents who are to be covered by civic service. The Committee requested the Government to provide information on the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined. Noting that the Constitution was revised by Act No.1/2018 of 12 June 2018, the Committee observes that article 267 above has been renumbered as article 263(3). It notes the Government’s statement, in its report, that a Bill amending the National Defense and Armed Forces Act was approved in August 2019 by the National Assembly that would address the concerns expressed by the Committee on civic service. The Committee once again recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted by virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. The Committee once again requests the Government to provide information on: (i) the manner in which the category of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service is defined; (ii) the number of persons who are required annually to perform civic service, as determined by the Council of Ministers, and the manner in which such persons are selected; and (iii) whether such persons may refuse to perform civic service and the consequences of any such refusal. It further requests the Government to provide a copy of the new version of the National Defense and Armed Forces Act, as amended.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour performed for the benefit of private entities. The Committee previously noted that, pursuant to section 71 of the Penal Code, prisoners who have completed one third of their sentence and have a record of good behaviour may be authorized to work for public or private entities within the framework of a contract concluded between such entities and the prison management. While noting that the above-mentioned provision has been deleted from the new version of the Penal Code (Act No. 24/2019 of 24 December 2019), the Committee notes that section 53 of the new Code for the Implementation of Sentences reproduces section 71 of the old version of the Penal Code. It furthers notes that, pursuant to sections 51 and 52 of the new Code for the Implementation of Sentences, prisoners may conclude an individual contract with the private entity and shall enjoy the same level of protection as other workers who are not prisoners regarding safety, health and other conditions of work. Furthermore, section 56 provides that 50 per cent of the salary received by the prisoner is for family expenses, reserve savings and personal use; 30 per cent is reverted to the General Penitentiary Services Fund; 10 per cent is reverted to a fund established to support prisoner’s social reintegration when released; and 10 per cent is for the payment of maintenance obligations or compensation for the victim of the crime for which the prisoner was sanctioned. The Government states that the work performed by prisoners for private entities is done with the full consent of the prisoners after authorization of the prison management who must meet before with the prisoner and his or her family to explain the procedures and advantages of this process. The Committee requests the Government to provide information on the number of authorizations granted for prisoners to work for private entities, specifying how, in practice, prisoners give their consent to work for private entities. It further requests the Government to provide information on the rate of remuneration of prisoners who work for private entities, including by providing copies of the contracts concluded between private entities and prisons management, as well as between private entities and prisoners.

2. Community work. The Committee previously noted that sections 90 to 95 of the Penal Code provide for a series of alternative penalties to imprisonment, including the performance of community work which consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims, including hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities. It requested the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. The Committee notes that the above-mentioned provisions have been replaced by section 75 of the new Penal Code, which also provides that this penalty may be applied as an alternative to a custodial sentence when the penalty to be replaced is not greater than three years. It observes that community work is further regulated by sections 138 to 172 of the new Code for the Implementation of Sentences and that, pursuant to section 139, the order of community work is issued by a court and after receipt of such order the convicted person shall immediately appear before the Alternative Penalty to Imprisonment Service. However, the Committee notes with regret the lack of information provided by the Government on whether the penalty of community service may be imposed without the consent of the convicted person. It recalls that, where the performance of community work may be for the benefit of private entities, such as charitable associations or institutions, the convicted person should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee once again requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convicted person. It also requests the Government to provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the implementing regulations of Act No. 6/2008 of 9 July establishing the legal framework applicable to preventing and combating trafficking in persons, which were intended to establish measures for awareness-raising, training, protection and the reintegration of victims, had not been adopted, but that a study ordered by the Prosecutor-General recommended the adoption of a plan of action in this area. It requested the Government to take the necessary measures to adopt a national plan to combat trafficking in persons with precise and coordinated measures and to describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of Act No. 6/2008. The Committee notes the Government’s indication, in its report, that on 11 December 2017 a draft national plan to prevent and combat trafficking in persons was presented by the Deputy Minister for Justice in order to improve the protection system through a comprehensive national strategy. The Government adds that the draft national plan includes specific objectives for the prevention of trafficking, protection of victims and sanction of perpetrators. The Committee notes the Government’s statement that the national police carried out awareness-raising campaigns at community-level, as well as regular monitoring of places where trafficking in persons may occur, such as restaurants, plantations and mining operations. With regard to victim protection, the Government states that victims of trafficking can benefit from emergency shelters operating under the responsibility of the Ministry of Gender, Child and Social Action, offering appropriate housing, medical and psychological assistance and sometimes vocational training. The Committee notes, from the 2018 annual report of the Prosecutor-General of the Republic submitted to the Assembly of the Republic, that several measures have been taken to raise awareness of trafficking in persons and for the training of state employees, more particularly judges and police officers, as well as to strengthen transnational cooperation with South Africa, Zimbabwe and Eswatini. It notes that the number of victims of trafficking increased from 5 in 2017 to 26 in 2018, of whom 21 were victims of trafficking for labour exploitation. It notes, however, that the Prosecutor-General highlighted the need for concerted and increased efforts to prevent and combat trafficking in persons, as well as the inappropriate legislative framework for sanctioning those perpetrators. The Committee further notes that, in their respective 2019 and 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) and Committee on Migrant Workers (CMW) expressed concern about: (i) Mozambicans and migrant workers, in particular those in an irregular situation, who have been victims of trafficking and forced labour, particularly in the mining, agriculture, construction, tourism and domestic work sectors; (ii) the insufficiency of the human and financial resources allocated to prevent and eradicate trafficking in persons, as well as of the training given to officials responsible for the implementation of anti-trafficking legislation; (iii) the very low number of prosecutions and convictions of cases of trafficking in persons and the complicity within the national police force from which some traffickers benefited; and (iv) the lack of effective procedures for early identification and referral of victims of trafficking, including undocumented migrants, the insufficient number and coverage of shelters for victims of trafficking, and the inadequacy of the medical and psychological assistance provided to them (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 27 and CMW/C/MOZ/CO/1, 16 October 2018, paragraph 61). While noting the measures taken by the Government, the Committee requests it to strengthen its efforts to combat trafficking in persons and to adopt and implement without delay concrete and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the detection of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible, including any complicit public officials. It also requests the Government to provide information on any progress made towards the adoption of the national plan to prevent and combat trafficking in persons and the implementing regulations of Act No. 6/2008, or any difficulties faced in that regard. It further requests the Government to provide information on the specific measures taken for the protection and reintegration of victims, in particular in the framework of sections 20, 21 and 24 of Act No. 6/2008. Lastly, the Committee requests the Government to provide statistical data on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed under Act No. 6/2008 which establishes penalties of up to 16–20 years of imprisonment.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the adoption of the implementing decree under Act No. 6/2008 of 9 July 2008, establishing the legal framework applicable to action to prevent and combat trafficking in persons, as the Decree was intended to establish the measures for awareness raising, training, protection and reintegration of victims envisaged in the Act. The Committee notes with regret that the Government has not provided any information on the measures adopted to combat trafficking in persons. However, the Committee notes, from the information available on the website of the Prosecutor-General of the Republic, and particularly the annual report for 2014 submitted to the Assembly of the Republic, that certain measures have been taken to raise awareness of trafficking in persons and for the training of state employees, and particularly investigating magistrates and the criminal police. In terms of prosecutions, 22 cases have been initiated, resulting in ten rulings resulting in the conviction of ten defendants to sentences ranging from four to 24 years of imprisonment and the payment of compensation to the victims. The Committee also notes that a study on trafficking in persons has been ordered by the Prosecutor-General. The study “Trafficking in persons in Mozambique, and particularly children”, published in November 2014, analyses the characteristics of the problem, as well as its causes, and makes a series of recommendations, including the adoption of a plan of action, the strengthening of the supervisory capacities of the border services, the improvement of the investigation capacity, the reinforcement of assistance to victims and the compilation of data on trafficking. The Committee trusts that the Government’s next report will contain detailed information on all of the measures taken to reinforce action to combat trafficking in persons. In this respect, the Committee requests the Government to take the necessary measures for the adoption of a national plan to combat trafficking in persons, containing precise and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the identification of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible. Please also describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of the Act of 2008. Finally, the Committee would be grateful if the Government would provide statistical data on the prosecutions initiated and on the convictions and penalties imposed under the Act No. 6/2008 and section 198 of the Penal Code, which criminalizes trafficking in persons.

Article 2(2)(a). Work exacted in virtue of compulsory military service laws. The Committee noted previously that, under the terms of article 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. In addition to military service performed in armed forces defence units, the Act also envisages civic service to replace or supplement military service for all citizens between the ages of 18 and 35 years who are not subject to military duties. Civic service consists of the performance of activities of an administrative, cultural, economic or assistance nature, in public or private entities. It is the responsibility of the Council of Ministers to determine the numbers of those annually who have to perform civic service (Act No. 16/2009 of 10 September 2009 defining the basic principles and rules of civic service and its implementing regulation (Decree No. 8/2010)).

The Committee observes that, in accordance with the legislation and the information provided by the Government, one of the objectives of civic service is to prepare citizens with a view to national reconstruction, thereby contributing to the socio-economic development and defence of the country. The activities carried out relate to environmental protection, assistance in hospitals, literacy, the construction and maintenance of roadways, assistance to the population in the event of disasters, etc. The Committee recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted in virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. Under these conditions, the Committee requests the Government to provide information on the manner in which the category is defined of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service. Please also indicate the number of persons annually who are required to perform civic service, as determined by the Council of Ministers, and indicate the manner in which such persons are selected. Finally, the Committee requests the Government to indicate whether such persons may refuse to perform civic service and the consequences of any such refusal.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Work performed for the benefit of private entities. In its previous comments, the Committee requested the Government to provide information on the manner in which prison labour is organized, both within and outside the prison, and in particular to specify the conditions of work of prisoners performing work for the benefit of private entities. The Committee notes the Government’s indication that, in general terms, work by prisoners is performed in workshops and industrial or agricultural concerns belonging to prisons, and that such work is remunerated. The Government indicates that the law allows the authorization of work by prisoners outside prisons. The Committee notes that, in accordance with section 71 of the Penal Code (Act No. 35/2014 of 31 December 2014), the sentencing magistrate may authorize convicts who have completed one third of their sentence and have a record of good behaviour to work for public or private entities within the framework of a contract concluded between such entities and the prison management. The Committee requests the Government to indicate whether such authorizations have already been granted and, if so, to specify the manner in which the prisoner gives consent when the work is performed for private entities, and the rate of remuneration.

2. Community work. The Committee notes that the Penal Code provides for a series of alternative penalties to imprisonment, including the performance of community work. This penalty is imposed on first-time offenders liable to a sentence of imprisonment of between two and eight years. Community work consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims. The types of work covered by the concept of community work include services provided in hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities (sections 90–95). The Committee emphasizes that, where the performance of community work may be for the benefit of private law associations, such as charitable associations or institutions, the convict should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee therefore requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convict. Please provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the adoption of the implementing decree under Act No. 6/2008 of 9 July 2008, establishing the legal framework applicable to action to prevent and combat trafficking in persons, as the Decree was intended to establish the measures for awareness raising, training, protection and reintegration of victims envisaged in the Act. The Committee notes with regret that the Government has not provided any information on the measures adopted to combat trafficking in persons. However, the Committee notes, from the information available on the website of the Prosecutor-General of the Republic, and particularly the annual report for 2014 submitted to the Assembly of the Republic, that certain measures have been taken to raise awareness of trafficking in persons and for the training of state employees, and particularly investigating magistrates and the criminal police. In terms of prosecutions, 22 cases have been initiated, resulting in ten rulings resulting in the conviction of ten defendants to sentences ranging from four to 24 years of imprisonment and the payment of compensation to the victims. The Committee also notes that a study on trafficking in persons has been ordered by the Prosecutor-General. The study “Trafficking in persons in Mozambique, and particularly children”, published in November 2014, analyses the characteristics of the problem, as well as its causes, and makes a series of recommendations, including the adoption of a plan of action, the strengthening of the supervisory capacities of the border services, the improvement of the investigation capacity, the reinforcement of assistance to victims and the compilation of data on trafficking.

The Committee trusts that the Government’s next report will contain detailed information on all of the measures taken to reinforce action to combat trafficking in persons. In this respect, the Committee requests the Government to take the necessary measures for the adoption of a national plan to combat trafficking in persons, containing precise and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the identification of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible. Please also describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of the Act of 2008. Finally, the Committee would be grateful if the Government would provide statistical data on the prosecutions initiated and on the convictions and penalties imposed under the Act No. 6/2008 and section 198 of the Penal Code, which criminalizes trafficking in persons.

Article 2(2)(a). Work exacted in virtue of compulsory military service laws. The Committee noted previously that, under the terms of article 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. In addition to military service performed in armed forces defence units, the Act also envisages civic service to replace or supplement military service for all citizens between the ages of 18 and 35 years who are not subject to military duties. Civic service consists of the performance of activities of an administrative, cultural, economic or assistance nature, in public or private entities. It is the responsibility of the Council of Ministers to determine the numbers of those annually who have to perform civic service (Act No. 16/2009 of 10 September 2009 defining the basic principles and rules of civic service and its implementing regulation (Decree No. 8/2010)).

The Committee observes that, in accordance with the legislation and the information provided by the Government, one of the objectives of civic service is to prepare citizens with a view to national reconstruction, thereby contributing to the socio-economic development and defence of the country. The activities carried out relate to environmental protection, assistance in hospitals, literacy, the construction and maintenance of roadways, assistance to the population in the event of disasters, etc. The Committee recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted in virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. Under these conditions, the Committee requests the Government to provide information on the manner in which the category is defined of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service. Please also indicate the number of persons annually who are required to perform civic service, as determined by the Council of Ministers, and indicate the manner in which such persons are selected. Finally, the Committee requests the Government to indicate whether such persons may refuse to perform civic service and the consequences of any such refusal.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Work performed for the benefit of private entities. In its previous comments, the Committee requested the Government to provide information on the manner in which prison labour is organized, both within and outside the prison, and in particular to specify the conditions of work of prisoners performing work for the benefit of private entities. The Committee notes the Government’s indication that, in general terms, work by prisoners is performed in workshops and industrial or agricultural concerns belonging to prisons, and that such work is remunerated. The Government indicates that the law allows the authorization of work by prisoners outside prisons. The Committee notes that, in accordance with section 71 of the Penal Code (Act No. 35/2014 of 31 December 2014), the sentencing magistrate may authorize convicts who have completed one third of their sentence and have a record of good behaviour to work for public or private entities within the framework of a contract concluded between such entities and the prison management. The Committee requests the Government to indicate whether such authorizations have already been granted and, if so, to specify the manner in which the prisoner gives consent when the work is performed for private entities, and the rate of remuneration.

2. Community work. The Committee notes that the Penal Code provides for a series of alternative penalties to imprisonment, including the performance of community work. This penalty is imposed on first-time offenders liable to a sentence of imprisonment of between two and eight years. Community work consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims. The types of work covered by the concept of community work include services provided in hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities (sections 90–95). The Committee emphasizes that, where the performance of community work may be for the benefit of private law associations, such as charitable associations or institutions, the convict should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee therefore requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convict. Please provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 6/2008 of 9 July establishing the legal framework applicable to preventing and combating trafficking in persons. It requested the Government to provide information on the adoption of the implementing regulations of the Act, which were to establish measures for awareness-raising, training, protection and the reintegration of victims.

The Committee notes the Government’s indication in its latest report that the implementing regulations of the Act have not yet been adopted. With regard to judicial procedures, the Government refers to the difficulties encountered in relation to investigations and adds that, in the context of a cooperation agreement with Brazil, training has been undertaken for professionals involved in the investigation of cases of trafficking and a manual of procedures had been prepared for magistrates and criminal investigation officers. The Committee notes this information and hopes that the implementing decree under Act No. 6/2008 will soon be adopted so as to allow the effective implementation of the measures envisaged in the Act in relation to the initiation of legal procedures (section 9), the training of those responsible for giving effect to the Act (section 28), the protection and reintegration of victims (sections 20, 21 and 24) and the establishment of appropriate machinery and institutions to combat trafficking in persons (section 30). Please also provide information on the number of residence permits granted to victims who agree to cooperate with the prosecution authorities and on court decisions that have been issued under the Act.

Article 2(2)(a). Work exacted by virtue of compulsory military service laws. In its previous comments, the Committee referred to article 267(3) of the Constitution, under which the law shall establish a civic service to replace or supplement military service for citizens who are not subject to “military obligations”. The Committee notes the adoption of Act No. 16/2009 of 10 September 2009 determining the principles and basic rules governing civic service and its implementing text (Decree No. 8/2010 of 15 April 2010). The Committee observes that, in accordance with sections 1 and 2 of the Act, citizens between the ages of 18 and 35 years who are not subject to “military obligations” shall perform civic service, which consists of activities of an administrative, cultural or economic nature or the provision of assistance. Furthermore, under the terms of sections 3 and 4 of the Act, the Council of Ministers shall determine the annual contingents who are to be covered by civic service.

The Committee recalls that, to be excluded from the scope of application of the Convention and from the definition of forced labour, work exacted by virtue of compulsory military service laws must be of a purely military character. In this respect, the Committee observes that, on the one hand, civic service, which forms part of the obligation of citizens to participate in defending the independence, sovereignty and territorial integrity of their country (article 267 of the Constitution), replaces or supplements military service for citizens who are not subject to “military obligations” and, on the other, that the activities imposed in the context of civic service are not of a purely military character (sections 3 and 7 of the regulations). Under these conditions, the Committee requests the Government to provide information on the manner in which the obligations deriving from military service are combined with those of civic service. Please indicate how persons who are not subject to military obligations are defined and who are accordingly subject to the obligation to perform civic service, and specify their numbers.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee referred to Legislative Decree No. 15/74 of 5 November 1974 on prison work, under the terms of which prisoners convicted for the first time could work outside the prison for public or private entities, on the basis of contracts concluded between the management of the prison and the entity offering the work. It requested the Government to provide information on the manner in which prison labour is organized.

The Committee notes the Government’s indication in its latest report that the arrangements for the performance of prison labour have not yet been determined as a new Act on prison labour has just been adopted. The Government adds that, in the context of the current process of the revision of the Penal Code, there is a proposal to introduce alternative penalties to imprisonment. The Committee emphasizes that, to be compatible with the Convention, work performed by prisoners for private entities must be carried out under conditions close to those of a free labour relationship, that is with the free and informed consent of the prisoners, and with certain guarantees and safeguards to ensure that the work is performed under conditions approximating a free labour relationship. The Committee requests the Government to provide a copy of the new Act on prison labour and any texts that have since been adopted there under. Please also provide information on the manner in which prison labour is organized, both inside and outside prisons and, where appropriate, specify the working conditions guaranteed for prisoners performing work for private entities, the manner in which prisoners give their consent for such work and their remuneration. The Committee also requests the Government to provide information on the progress made in the revision of the Penal Code and, where appropriate, to provide a copy.

Communication of legislation. The Committee requests the Government to provide a copy of the regulations governing military personnel in the Mozambique armed forces.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Trafficking in persons. Taking account of the convergence of information about cases of trafficking to South Africa, both for purposes of sexual exploitation and exploitation of the labour of victims, the Committee previously requested the Government to provide information on the measures taken with a view to combating this phenomenon. The Committee notes with interest the adoption of Law No. 6 of 9 July 2008 which establishes a legal framework applicable to the prevention of and the fight against trafficking in persons, particularly women and children. The Committee notes that section 10 criminalizes trafficking in persons and imposes penalties of up to 16 to 20 years of imprisonment. The Act imposes a special obligation on officials of the immigration services, customs officials, border police, and health personnel or any other public officials who become aware of trafficking cases, to report such incidents to the competent authorities. The police force equally have the obligation to initiate investigations into all cases of which they become aware (section 9). The Act also provides for: the putting into place of measures for the protection and integration of victims (section 21), the right of a temporary residence permit for victims who cooperate with the authorities (section 24), and the training of agents of the immigration services, criminal police and customs. The Committee notes the Government’s indication that activities to raise the awareness of the population about the new legislation have been carried out. It observes, however, that regulations to implement the Act which are needed to establish the duties of the different bodies, including those of civil society, with a view to the practical application of the measures provided for in the Act, are still in the course of being drafted. The Committee hopes that regulations implementing the law on trafficking in persons will be adopted very soon in order that measures for awareness raising and training, as well as for the protection and integration of victims, can be put into effect. It requests the Government to provide detailed information in this regard in its next report. Please also indicate the measures taken to ensure that judicial proceedings are initiated against perpetrators of this crime, and provide information concerning the number of residence permits granted to victims who agree to cooperate with prosecuting authorities and on judicial decisions applying the Act that have already been issued.

The Committee notes the activities carried out by the Government in order, on the one hand, to ensure greater coordination with South African authorities in the area of police investigation so that evidence can be obtained that is needed for judgements to be rendered against persons who engage in trafficking and, on the other hand, to educate magistrates, agents of the security forces and social workers on the issues of traffickings. The Committee asks the Government to continue to provide information on actions taken in these two areas.

2. Freedom of public servants to leave their employment. In its previous comments, the Committee noted that 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. The “exemption” requested by the public servant could be authorized in exceptional and duly justified cases (sections 230 and 232 of Decree No. 14/87 of 20 May 1987). The Committee notes with interest that, under section 136 of the new General Public Service Regulations (Act No. 14 of 17 March 2009), the restrictions applicable to a request for “exemption” have been abolished.

Article 2, paragraph 2, subparagraph (a). Work exacted by virtue of compulsory military service laws. The Committee once again 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, subparagraph (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. It also noted that the Government referred in previous reports to Decrees Nos 58 and 59 of 1974 on prison labour. The Committee once again asks the Government to indicate the legislation regulating prison labour that is currently in force and to provide a copy of it. Please also provide information on the way in which prison labour is organized, whether inside or outside prison institutions and, where appropriate, to indicate 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, vis-à-vis the average remuneration paid for the same activity performed by free workers.

Communication of legislation. The Committee requests the Government to provide a copy of the regulations governing military personnel in the Mozambique armed forces, as these regulations were previously sent by the Government but in an incomplete version.

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.

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.

Forced Labour Convention, 1930 (No. 29) - Mozambique (Ratification: 2003)Protocol of 2014 to the Forced Labour Convention, 1930 - Mozambique (Ratification: 2018)