Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee takes note of the Government’s first report.

Article 1 of the Convention. Measures to secure the prohibition and the elimination of the worst forms of child labour. The Committee notes from the information supplied by the Government that the Labour Act, No. 8/98 of 20 July 1998, is being revised. The Committee requests the Government to provide information on progress made in this revision.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For sexual exploitation. The Committee notes that the Government has provided no information on the provisions of its laws and regulations that prohibit the sale and trafficking of children under 18 years of age for the purpose of sexual exploitation. The Committee notes that in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 66 and 67) on the Government’s initial report, the Committee on the Rights of the Child expressed concern that in Mozambique children are the victims of trafficking for the purposes of prostitution. It also notes that in May 2003 the International Organization for Migration (IOM) indicated that Mozambican women and children were the victims of selling and trafficking to South Africa for the purpose of sexual exploitation. The Committee observes that a number of sources report trafficking of persons, including children under 18 years of age, for the purpose of sexual exploitation.

The Committee further notes from information available at the Office that, although the Penal Code contains provisions that can be applied to the selling and trafficking of children under 18 years of age for the purpose of sexual exploitation (sections 342 to 344 and section 395, on abduction), it contains no provision dealing specifically with this crime. The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for sexual exploitation is treated as one of the worst forms of child labour and that under Article 1 of the Convention, any Member which ratifies it is bound to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purpose of sexual exploitation. It also asks the Government to provide a copy of the Penal Code.

(ii) For the purpose of economic exploitation. The Committee notes that the Government has sent no information on the penal provisions that prohibit the sale and trafficking of children under 18 years of age for economic exploitation. It notes that in May 2003, the IOM indicated that boys were the victim of selling and trafficking for farm labour in South Africa. The Committee reminds the Government that Article 3(a) of the Convention likewise covers the sale and trafficking of children under 18 years of age for the purpose of economic exploitation. It accordingly asks the Government to indicate whether its legislation contains provisions that prohibit the sale and trafficking of children under 18 years of age for economic exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 84, paragraph 3, of the Constitution, forced labour is prohibited unless it is performed under the penal law.

3. Forced recruitment of children for use in armed conflict. The Committee notes that in its initial report submitted to the Committee on the Rights of the Child in June 2000 (CRC/C/41/Add.11, paragraph 526), the Government indicated that under military service legislation (Law No. 24/97), incorporation into the armed forces normally occurs only in the year of the citizen’s 20th birthday. However, voluntary recruitment for military service is accepted. In no circumstances may citizens under the age of 18 take part in military action. Article 2, paragraph 2, of the law on military service nevertheless allows the possibility of age limits being altered "in time of war". According to the Government, this provision has sparked debate in various Mozambican bodies, since it raises the possibility of recruiting people younger than 18 into military activities. The Committee reminds the Government that Article 3(a) of the Convention includes forced or compulsory recruitment of children for use in armed conflict among the worst forms of child labour and requires such recruitment to be prohibited for persons under 18 years of age. It requests the Government to provide information on the measures taken or envisaged to prohibit forced or compulsory recruitment of children for use in armed conflicts, even in time of war.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Government provides no information about provisions prohibiting the use, procuring or offering of children under the age of 18 for prostitution. It notes, however, that in its initial report submitted in June 2000 to the Committee on the Rights of the Child (CRC/C/41/Add.11, paragraphs 624 and 627), the Government indicated that sections 391, 392, 394 and 406 of the Penal Code establish penalties for sexual offences, including the offence of favouring or facilitating the debauchery or corruption of a minor under the age of 21 to satisfy the dishonest desires of another person. In the same report, the Government also indicates that Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors covers sexual exploitation (CRC/C/41/Add.11, paragraphs 628 and 638). The Committee requests the Government to provide a copy of Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee observes that the Government has provided no information on the provisions prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It notes that in its initial report submitted in June 2000 to the Committee on the Rights of the Child (CRC/C/41/Add.11, paragraph 629), the Government indicated that, as regards pornography and similar material, section 9 of Decree No. 417/71 on the Jurisdictional Statute of Assistance to Minors subjects the exhibition, sale, hire or projection of films on video cassette to the prevailing rules on the examination of shows and their classification according to the minimum age of people who may watch them. The Decree also requires establishments that display, sell or rent out films on video cassettes to ensure that those banned to under-18s should be displayed in a strictly reserved area, where minors may not enter (section 10). The Committee notes that these provisions do not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It accordingly asks the Government to state whether the national legislation contains any provisions that prohibit the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that the Government has provided no information about this provision of the Convention. However, it notes from information available at the Office that because the consumption of drugs and narcotics among young people has increased and it has been confirmed that international drug rings are operating in Mozambique, in March 1997 Act No. 3/97 was passed in order to improve the legal instruments available for combating the trafficking and illicit consumption of drugs. It would appear that the Act provides for prison terms ranging from 25 to 30 years for anyone found guilty of using minors in the production, transport, distribution and consumption of the substances and by-products set forth in the schedules to the Act. The Committee requests the Government to provide a copy of Act No. 3/97 and of any other provisions that prohibit the use, procuring or offering of children under the age of 18 for illicit activities.

Article 3(d) and Article 4. Hazardous work and determination of types of hazardous work. The Committee notes that pursuant to section 80(2) of the Labour Act, activities which are dangerous or unhealthy, or require great physical strength, as determined by the competent authority, should not be entrusted to persons under 18 years of age. The Committee notes that the competent authority does not appear to have determined these activities. The Committee reminds the Government that under Article 4, paragraph 1, of the Convention, the types of work laid down in Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which states that in determining the types of work referred to under Article 3 of the Convention and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee accordingly asks the Government to take the steps needed to determine the types of hazardous work that are prohibited for children under the age of 18. It trusts that in so doing the Government will take into consideration the activities listed in Paragraph 3 of Recommendation No. 190. It asks the Government to provide information on consultations held with the employers’ and workers’ organizations.

Article 4, paragraph 2. Identifying where the types of hazardous work exist. The Committee notes that the Government has provided no information on this paragraph. It reminds the Government that, under Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the work determined to be hazardous is located. It accordingly asks the Government to take the necessary steps to give effect to the Convention on this point.

Article 5. Monitoring mechanisms. The Committee notes that section 207 of the Labour Act makes the labour inspectorate responsible for supervising application of the labour legislation. It notes that Decree No. 32/89 of 8 November 1989 contains provisions on labour inspection. Furthermore, Ministerial Decree No. 17/90 of 14 February 1990 specifies the persons responsible for enforcing provisions that give effect to the Convention. The Committee also notes from the information supplied by the Government that mechanisms for monitoring application of the provisions of the Convention were established after consultation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the running of the labour inspection services and particularly their role regarding the worst forms of child labour, including extracts of reports or documents. The Committee also asks the Government to provide information on the measures taken to designate appropriate mechanisms to monitor the implementation of Article 3(a) to (c) of the Convention, which deal with penal offences.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee reminds the Government that, under this provision of the Convention, Members must design and implement programmes of action to eliminate the worst forms of child labour in consultation with relevant government institutions, employers’ and workers’ organizations and other concerned groups. It accordingly asks the Government to provide information on this matter.

Article 7, paragraph 1. Sanctions. The Committee notes that sections 391, 392, 394 and 406 of the Penal Code lay down prison terms of from two to 12 years for anyone found guilty of favouring or facilitating the debauchery or corruption of a minor under the age of 21 to satisfy the dishonest desires of another person. It also notes that under section 214 of the Labour Act, breach of the labour law, particularly section 80 on hazardous work, is punishable by a fine of from one to 20 minimum wages. The Committee asks the Government to provide information on the practical application of these provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(a) and (c), of the Convention. It therefore requests the Government to provide information on time-bound measures taken to: (a) prevent the engagement of children in the worst forms of child labour; and (c) ensure access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Sale and trafficking of children for sexual or economic exploitation. The Committee reminds the Government that, under Article 7(b), paragraph 2, of the Convention, Members must take effective and time-bound measures, inter alia, to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In so far as the sale and trafficking of children for sexual or economic exploitation exists in Mozambique, the Committee requests the Government to provide information on time-bound measures taken to remove children from the worst forms of child labour and provide for their rehabilitation and social integration.

2. Debt bondage. The Committee notes that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 40 and 41) on the Government’s initial report, the Committee on the Rights of the Child expressed concern that children in rural areas are sometimes used to settle financial and other disputes, with families sending their children to work for periods of time to settle debts. The abovementioned committee recommended that the Government end these practices. The Committee requests the Government to provide information on the time-bound measures taken to end the practice of using children for the settlement of debts and to provide for the rehabilitation and social integration of these children.

3. Prostitution. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in June 2000 (CRC/C/41/Add.11, paragraphs 633 to 651), the Government indicated that in the 1990s the phenomenon of prostitution began to take on worrying proportions, particularly in the country’s main urban centres. In 1995, the Ministry for the Coordination of Social Action held the first seminar on prostitution and the sexual abuse of minors in Chimoio. Among other actions, the seminar recommended developing public education programmes to alert families and society, including the children themselves, on the risks involved in child prostitution and sexual abuse, and calling for an attitude to protect children; the guarantee of legal, psychological and medical support services for victims. The Committee notes that the Government organized meetings with a view to informing civil society and the police about prostitution and sexual exploitation. It also notes that in its concluding observations (CRC/C/15/Add.17, paragraphs 66 and 67) on the Government’s initial report of April 2002, the Committee on the Rights of the Child noted with concern that child prostitution is a common practice and is on the increase in Mozambique, especially in the Maputo, Beira and Nacala areas and in some rural areas. The Committee requests the Government to take time-bound measures to remove children from prostitution and provide for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risks. 1. Children suffering from/orphaned by HIV/AIDS. The Committee notes from an epidemiological fact sheet on HIV/AIDS produced by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO) in 2004, that more than 470,000 children have been orphaned by HIV/AIDS in Mozambique. The Committee also notes that, according to UNAIDS, the number of persons living with HIV in Mozambique would reach 1.5 million in 2005, 48 per cent of whom would be women. Moreover, the number of children orphaned by the disease would double within the five years to come. The Committee notes that the Government has taken steps to combat the pandemic. It has created the National Aids Council and adopted a comprehensive multisectoral strategic plan to combat HIV/AIDS. In addition, on 5 February 2002, it adopted Act No. 5/2002 regulating HIV/AIDS prevention measures at work. Furthermore, according to information available at UNAIDS, three national seminars on HIV/AIDS were held in the country in September 2004, December 2004 and June 2005. In May 2005, a four-year programme to combat the increase of HIV/AIDS among women in the country was launched, and a national HIV/AIDS strategic plan (2005-09) has been prepared.

The Committee observes that HIV/AIDS has repercussions for orphans, who run the risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no efforts to reduce the incidence of HIV/AIDS by preventing its transmission among the population. The Government is also asked to provide information on the impact of the measures or programmes referred to above in protecting children suffering from or orphaned by HIV/AIDS from the worst forms of child labour.

2. Street children and begging. The Committee notes that in its initial report submitted in June 2000 to the Committee on the Rights of the Child, the Government mentioned several times that many children live or work on the streets in Mozambique (CRC/C/41/Add.11, paragraphs 188, 189, 191, 213, 240, 242, 246, 248, 249 and 659). The Government also indicates in the report (paragraph 659) that the phenomenon of the exploitation of child beggars was growing in several provincial capitals. In some cases, children accompany elderly or disabled members of their own families who are begging for alms, while in others, children of poor families are being "contracted" to accompany neighbours or other disabled and elderly people who are not members of their family, with the promise of a certain percentage of the money gained at the end of the day. In many cases, the child does not benefit, at least directly, from the income obtained and the activity sometimes prevents children from attending school. A further negative aspect is that children are brought into permanent contact with the underworld of street life and are thus exposed to the dangers of the situation, and could become potential candidates for living on the streets.

The Committee notes in this connection that, in its concluding observations (CRC/C/15/Add.172, paragraphs 68 and 69) on the Government’s initial report of April 2002, the Committee on the Rights of the Child noted with concern that: (a) there are large numbers of children living on the street in urban areas; (b) street children are vulnerable to, inter alia, sexual abuse, violence, including from the police, exploitation, substance abuse, sexually transmitted diseases, HIV/AIDS and malnutrition, and lack of access to education. That Committee recommended that the Government: (a) identify the numbers and locations of street children; (b) provide protection to street children and ensure their access to education, health and other services; (c) strengthen efforts to assist children in leaving the street, placing greater emphasis on alternatives to institutionalization and with special attention to family reconciliation. In that Committee’s view, children living or working on the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to continue to provide information on the measures taken or envisaged to ensure protection, including for street children, against the worst forms of child labour and to provide for the rehabilitation and social integration of such children.

Clause (e). Special situation of girls. The Committee notes that in its final observations (CRC/C/15/Add.172, paragraphs 56 and 57) on the Government’s initial report of April 2002, the Committee on the Rights of the Child noted the Government’s significant efforts in the area of education, including increases in primary school enrolment rates, and the fall in the repetition and drop-out rates. That Committee nevertheless remained concerned that girls continue to have less access to education than boys beyond primary education; literacy levels, among girls, particularly those over 15 years, are extremely low; lower importance is placed by parents and communities on the education of girls in comparison to that of boys; some practices, such as excessive domestic work required of girls, early marriage and early pregnancy, contribute to limiting girls’ access to education. Among other actions, the Committee on the Rights of the Child recommended that the Government make greater efforts to ensure that girls have the same opportunities as boys to attend formal education; take steps to ensure that the education of girls is seen by parents, families and communities as of equal importance as that of boys; and end traditional and other practices, such as excessive domestic work, which prevent girls from attending school. The Committee is of the view that education contributes to eliminating many of the worst forms of child labour, and accordingly expresses the hope that the Government will pursue its efforts and take the necessary steps to improve the education system, ensure that children attend school regularly and reduce the drop-out rate, particularly among girls.

Article 8. Enhanced international cooperation and assistance. The Committee notes the Government’s statement that in 1999 it adopted an action plan for the elimination of poverty. The Committee requests the Government to provide information on the plan’s impact in the elimination of poverty, and in particular, its contribution to eliminating the worst forms of child labour. It encourages the Government to cooperate with other countries and asks it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes note of a rapid assessment of work by children under the age of 18 in Mozambique, published in 1999, by the Ministry of Labour in cooperation with UNICEF. It notes however that the above assessment gives no statistics of the total number of children engaged in the worst forms of child labour. It requests the Government to take the necessary steps to remedy this and to provide statistics and information on the nature, extent and trends of the worst forms of child labour, on the number of children covered by the measures giving effect to the Convention, on the number and nature of infringements reported, on investigations, prosecutions, convictions and the penalties applied. To the extent possible, the information should be disaggregated by gender.