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

Article 3 of the Convention. Worst forms of child labour. The Committee previously noted the information in the Government’s report that it has undertaken a reform of the national legislation that is in force and, in the context of this reform, measures will be taken to bring the Penal Code into conformity with the Convention. It requested the Government to provide information on progress in this regard, and to provide a copy of the Penal Code currently in force. The Committee notes an absence of information in the Government’s report on this point, though notes that the Trafficking in Persons Act (Trafficking Act) and the Child Protection Act was adopted in 2008. The Committee once again expresses its hope that the planned amendments to the Penal Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. It also requests the Government to provide a copy of the new Penal Code once it has been adopted. In the meantime, the Committee once again requests the Government to provide a copy of the Penal Code that is currently in force.

Clause (a). Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee observed that Mozambican boys are trafficked to South Africa to work on farms and that Mozambican women and children are trafficked to South Africa for sexual exploitation. It also noted that a Bill on the trafficking of persons, with particular reference to women and children, had been submitted to the National Assembly. It requested the Government to provide information on any progress towards the adoption of this Bill and to supply a copy, once adopted.

The Committee notes with satisfaction that the Trafficking Act was approved by the National Assembly in April 2008, and was published in the Official Gazette on 9 June 2008. The Committee notes that section 10 of the Trafficking Act prohibits the trafficking in persons, including the recruitment, transportation, receiving or providing, of persons (including under the false pretence of domestic work in another state), for the purposes of forced labour, slavery and prostitution. The Committee notes that section 5(a) of the Trafficking Act provides that when the victim of the trafficking is a child, this is an aggravating circumstance of the crime, and that the annex defines a child as all persons under 18.

Forced recruitment of children for use in armed conflict. The Committee noted previously that, under Act No. 24/97 on military service, a citizen may normally only enrol in the armed forces in the year of his 20th birthday. Conscripts could, however, join the armed forces from the age of 18, although under no circumstances could citizens under 18 years of age take part in military action. The Committee noted however that, under section 2(2) of the Act on military service, the age for conscription may be altered “in time of war”. According to the Government’s indications, this provision has given rise to debate in various Mozambican bodies as it allows persons under 18 years of age to be enrolled to participate in military activities. The Committee notes the Government’s statement that, as the country is currently at peace, there is no need for legislation with regard to compulsory recruitment.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted the Government’s indication that Decree No. 417/71 on the jurisdictional statute of assistance to minors addresses sexual exploitation of children, as does Act No. 6/99. The Committee notes the information available from the UN Regional Crime and Justice Institute that the Mozambican juvenile justice system (civil and criminal), previously regulated by Decree No. 417/71, was reformed in June 2008 by the Child Protection Act (Law No. 7/2008) and by the Judicial Organization of Minors Act (Law No. 8/2008).

The Committee notes that section 63(1)(b) of the Child Protection Act requires the State to adopt legislative or administrative measures to protect children against all forms of sexual exploitation, including prostitution and other illicit sexual activity. The Committee also notes that section 63(1)(a) of the Child Protection Act states that legislative measures to protect children must include punishing parents, legal guardians or other family members who induce children to engage in illegal sexual exploitation. Section 63(2)(b) of the Child Protection Act states that the legislative measures adopted need to provide for rigorous sanctions. The Committee requests the Government to indicate the legislative or administrative measures that have been adopted pursuant to section 63 of the Child Protection Act, prohibiting the use, procuring or offering of children for the purpose of prostitution.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, although national legislation provided for the protection of minors from being exposed to pornography, it did not prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Committee requested the Government to indicate the national legislative measures which prohibited the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances, and if no such prohibitions existed, to adopt such legislation as a matter of urgency. The Committee notes that section 63(1)(c) of the Child Protection Act states that the State must take legislative measures to protect children from all forms of sexual exploitation, including the exploitation of children in pornography or pornographic performances, and that section 63(2) states that this legislation must include rigorous penalties. The Committee requests the Government to indicate the legislative measures enacted, prohibiting the use, procuring or offering of persons under the age of 18 for the production of pornography or pornographic performances, pursuant to section 63 of the Child Protection Act.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption in March 1997 of Act No. 3/97 which reportedly provides for prison terms of between 25 and 30 years for persons found guilty of using minors for the production, transport, distribution and consumption of the substances and by-products set out in the schedules to the Act. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a copy of Act No. 3/97 and of any other provision prohibiting the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. Children in domestic service. The Committee previously noted that pursuant to section 3 of Act No. 23/2007 of 27 August 2007 (Labour Law), domestic work would be governed by regulation. The Committee also noted the information in the Government’s report that regulations to implement the new Labour Law were under preparation, including regulations on domestic work. The Committee observed that children, and particularly young girls, engaged in domestic service are often victims of exploitation, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work, and expressed the hope that the regulations on domestic work would determine the working conditions of children engaged in domestic work, particularly with regard to hazardous work.

The Committee notes an absence of information on the status of regulations pursuant to the Labour Law. However, the Committee notes the Government’s statement in its 23 March 2009 report to the Committee on the Rights of the Child that domestic work is one of the most common types of child labour in Mozambique, and that children are frequently forced to work in this sector (CRC/C/MOZ/2, paragraphs 356 and 358). The Committee requests the Government to take the necessary measures to ensure that the regulations on domestic work, stipulating the working conditions of children engaged in hazardous domestic work, will soon be elaborated and adopted. It requests the Government to provide information on any progress made in this regard.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee previously noted that, pursuant to section 23(2) of the Labour Law, employers shall not engage persons under 18 years of age in hazardous work, as defined by the competent authorities after consultation with the organizations of employers and workers. The Committee noted the information provided by the Government that, in the context of the legislative reform, work was being carried out on the formulation of specific legislation on this subject.

Noting an absence of information on this point in the Government’s report, the Committee reminds the Government that by virtue of Article 4(1) of the Convention, the types of hazardous work prohibited to persons under the age of 18 shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in determining the types of hazardous work prohibited for persons under 18 years of age, consideration should be given, among other issues, to the types of work enumerated in that Paragraph. The Committee requests the Government to take the necessary measures to ensure that specific legislation determining the hazardous types of work prohibited for persons under 18 years of age will be prepared and adopted in the near future. It also requests the Government to provide a copy of this legislation once it has been adopted.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. Trafficking. The Committee notes the information in the Government’s reply to the list of issues of the CRC of 29 September 2009, that several measures have been taken to strengthen the capacity of law enforcement agencies with regard to the monitoring of trafficking. The Committee notes that a criminal investigation police brigade in Maputo was established, that deals with trafficking cases, and lectures were given on the subject of trafficking at police training schools. Training and capacity-building programmes combating the phenomenon of trafficking have been held for officials from the public prosecutor and the judiciary as well as other justice administration agents, and social workers (CRC/C/MOZ/Q/2/Add.1, paragraph 44). The Committee also notes that border guard police received training to improve their capacity to identify, assist and guide persons who have been trafficked (CRC/C/MOZ/Q/2/Add.1, paragraph 52). The Committee further notes the information in the Technical Progress Report on the ILO–IPEC programme “Combating the worst forms of child labour in Portuguese-speaking countries in Africa” of 30 July 2007 (ILO–IPEC TPR) that the Government participated in a regional conference, on preventing the trafficking in children in southern Africa. In addition, the Trafficking in persons report of 2009, available from the web site of the Office of the UN High Commissioner for Refugees (www.unchr.org) (Trafficking in persons report), indicates that police and ministry of justice officials began regularly meeting with NGOs to develop a viable anti-trafficking strategy for the 2010 World Cup, which is expected to increase the incidence of Mozambicans trafficked to South Africa for sexual exploitation.

The Trafficking in persons report indicates that police forces rescued 200 Mozambican children being trafficked to South Africa in the first half of 2008. However, the statistics on child victims of crime, provided by the Government in its reply to the list of issues of the CRC, indicate that no cases of trafficking of children were recorded in 2006 and 2007, and only three victims were recorded in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 50). The Committee also notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continuous trafficking of children from rural to urban areas for forced labour, the trafficking of girls to and from other states for sexual exploitation and domestic servitude and that investigations of cases of human trafficking or abductions were rarely being followed by prosecutions and convictions (CRC/C/MOZ/CO/2 paragraph 86). Therefore, the Committee urges the Government to pursue its efforts to strengthen the capacity of law enforcement agencies to ensure that those who sell and traffic children are effectively prosecuted. The Committee also requests the Government to provide information on the practical application on the Trafficking in Persons Act 2008, including information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Commercial sexual exploitation. The Committee previously noted that a community monitoring system for reporting incidents of sexual exploitation and abuse of children was established. The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that, in order to prevent the commercial sexual exploitation of children, the Ministry of the Interior and the Ministry of Labour are supporting the police to document all incidents pertaining to such violations (CRC/C/MOZ/2, paragraph 363). The Committee also notes that the Government also identifies prostitution as one of the forms of work that children are frequently forced to work in (CRC/C/MOZ/2 paragraph 358). The Committee further notes that the CRC, in its concluding observations of 4 November 2009, expressed deep concern that that child prostitution is increasing in Mozambique, especially in the Maputo, Beira and Nacala regions as well as in some rural areas (CRC/C/MOZ/CO/2, paragraph 84). The Committee urges the Government to redouble its efforts to prevent the commercial sexual exploitation of all persons under the age of 18, and requests it to provide information on measures taken in this regard. Furthermore, the Committee requests the Government to provide information on the functioning of the monitoring mechanisms set up by the ministries of the interior and labour and police to detect and combat child commercial sexual exploitation.

Data collection and labour inspectorate. The Committee previously observed that there were no available statistics relating to children engaged in the worst forms of child labour in Mozambique, although noted the ILO–IPEC information that a study on the worst forms of child labour would be prepared. It requested the Government to provide a copy of this study as soon as it became available. The Committee notes an absence of information in the Government’s report on this point. However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern about the lack of reliable data on child labour and expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandate with regard to child labour (CRC/C/MOZ/CO/2, paragraph 80). The Committee expresses its concern at the lack of data available on the prevalence of the worst forms of child labour, and requests the Government to take measures to ensure that sufficient data is available. In this regard, the Committee hopes that the study on the worst forms of child labour will soon be completed, and requests the Government to provide a copy when it is available. Furthermore, the Committee urges the Government to ensure that the labour inspectorate and police are allocated sufficient resources to carry out their mandate with regard to the monitoring of the worst forms of child labour.

Article 6. Programme of action. National Action Plan for Children. The Committee notes the Government’s information in its reply to the list of issues of the CRC, that through Decree No. 8/2009 of the Council of Ministers of 31 March 2009, a National Council of the Rights of the Child (CNAC) was established. The CNAC is chaired by the Minister of Women and Social Affairs, and includes the ministers of education and culture, justice, health and youth and sports. The Committee notes that the CNAC is responsible for the dissemination and implementation of the rights of the child, including the National Action Plan for Children (PNAC), which provides clear provisions on child labour prevention and child education. The Committee also notes that the CNAC will take measures aimed at preventing child prostitution, child labour, trafficking and other forms of child exploitation (CRC/C/MOZ/Q/2/Add.1, paragraph 6). The Committee requests the Government to provide information on the measures taken within the framework of the National Action Plan for Children to combat the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the  Committee noted that the CRC, expressed concern that girls continue to have less access to education than boys beyond primary education and that the literacy rates of girls, particularly those over 15 years of age, were extremely low. Certain practices, such as the imposition of excessive domestic work on girls, contributed to limiting their access to education. The Committee nevertheless noted that the Government had taken measures to improve the education system, particularly with regard to school attendance rates.

The Committee notes the information in the Government’s reply to the list of issues of the CRC of 29 September 2009, that the gross rate of completion of primary education continued to rise, from 75 per cent in 2006 to 78 per cent in 2008. In secondary education, the gross rate of children who completed the seventh grade increased from 35 per cent in 2006 to 55 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 55). The Committee also notes that the Government, through the direct support programme to schools, distributed additional school material to vulnerable children to facilitate their access to education. The Committee further notes the information in the Government’s report to the CRC of 23 March 2009 that, to particularly encourage girls to attend school, the Government has adopted teacher training policies that prioritize teacher training for women (CRC/C/MOZ/2, paragraph 306). The Committee notes the positive results with regard to the education of girls: the net rate of schooling for females in primary education (ages 6–12) increased from 86.3 per cent in 2006 to 96.2 per cent in 2008 (CRC/C/MOZ/Q/2/Add.1, paragraph 57).

Nonetheless, the Committee notes the statement in the Government’s progress report for the UN General Assembly Special Session on HIV and AIDS prepared by the National AIDS Council of Mozambique in January 2008 (UNGASS report) that the number of children attending school is much lower than the number enrolled (page 67). The Committee also notes that, in its concluding observations of 4 November 2009, the CRC expressed concern that one in five children remain deprived of education, that nearly half of primary school-aged children drop out of school before they complete grade five, and that significant disparities in accessing education persist between provinces, particularly affecting the provinces of Niassa, Nampula and Zambezia (CRC/C/MOZ/CO/2, paragraph 71). The CRC also expressed concern at the high prevalence of sexual abuse and harassment in schools which reportedly leads some girls to refuse to go to school, and that gender disparity remains high in the higher levels of education (CRC/C/MOZ/CO/2, paragraph 73). The Committee expresses concern at the continued low school attendance rates, particularly among girls, and the reports of sexual abuse and harassment deterring girls’ access to education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates and reducing school drop-out rates, with special attention to the situation of girls. It also urges the Government to address the regional disparities of access to education, to facilitate access to education to all children in Mozambique.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking of children for labour and sexual exploitation. The Committee notes that section 21 of the Trafficking in Persons Act specifies that services for the rehabilitation and social reintegration of victims of trafficking should be provided, including shelter, medical and psychological assistance, legal assistance, assistance with repatriation and access to vocational and educational opportunities. The Committee also notes the information in the Government’s report that the Protection of Minors Act provides for special treatment for children who are victims of trafficking, sexual exploitation and abuse, in order to ensure that they are duly protected. The Government’s report also indicates that, pursuant to the Protection of Minors Act, a support service for women and children was established. The Committee further notes that the Women’s and Children’s Support Service (an organizational unit of the General Police Command) was created to protect the rights of women and children, and provides support and assistance to victims of sexual exploitation and trafficking, and facilitate their access to justice.

However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the limited resources available for efforts to protect victims of trafficking and the absence of safe houses and of a formal referral system for victims of trafficking (CRC/C/MOZ/CO/2, paragraph 86). Therefore, while noting the measures taken by the Government to provide services for victims of trafficking, the Committee requests the Government to take the necessary measures to establish a formal referral system and to ensure that adequate resources are allocated to the institutions responsible for the provision of these services. The Committee also requests the Government to provide information on the effective and time-bound measures implemented pursuant to the Trafficking in Persons Act, and Protection of Minors Act to provide rehabilitation and repatriation services for child victims of trafficking. The Committee further requests the Government to provide information on the number of child victims of trafficking who have been effectively removed, rehabilitated and socially reintegrated as a result of the measures implemented.

Debt bondage. In its previous comments, the Committee noted the CRC and ILO–IPEC information 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 Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern at the continued practice of sending children to work to settle families’ financial debts and other obligations and urged the Government to take measures to end this practice (CRC/C/MOZ/CO/2, paragraph 65). In this regard, the Committee requests the Government to take immediate effective and time-bound measures, to bring an end to the practice of sending children to work to settle debts and to provide for the rehabilitation and social integration of children who have been victims of this practice.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted that, according to the report on the global AIDS epidemic published by UNAIDS, the number of children orphaned in Mozambique due to the virus was approximately 510,000. It also noted that the Government had formulated a second Strategic National Plan on HIV/AIDS (2005–09) and a National Action Plan for Children, Vulnerable Children and Orphans (POA OVC). The Committee notes the information in the UNGASS report that the POA OVC aims to provide six basic services to OVCs: health, education, nutritional/food support, legal and psychological and financial support, and hoped to provide services to 1.2 million OVCs. The Committee notes that by 2006, 23 per cent of the OVCs identified in the POA OVC (or over 220,000) had gained access to at least three basic services (page 24).

The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that HIV/AIDS is a significant cause of child labour, as HIV/AIDS orphans are frequently forced into child labour, since they have been left without any family support (CRC/C/MOZ/2, paragraph 348). The Committee also notes the Government’s statement in the UNGASS report, that HIV/AIDS orphans have very limited means of generating income, and thus often have to resort to risky coping strategies, such as transactional sex or hazardous child labour (page 65). The Committee further notes the indication in the UNGASS report that the number of children who have lost their parents to HIV/AIDS is estimated to reach 630,000 by 2010 (page 65). In addition, the Committee notes that the CRC in its concluding observations of 4 November 2009 expressed concern that services for orphans and vulnerable children, including child heads of households, remained inadequate (CRC/C/MOZ/2, paragraph 67). The CRC also expressed serious concern at the situation of orphaned children being economically exploited by foster families (CRC/C/MOZ/CO/2, paragraph 79). The Committee expresses serious concern at the high number of children orphaned due to HIV/AIDS and observes that the negative consequences on orphans include a higher risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that children who have been orphaned by HIV/AIDS are not exploited economically by their foster families. The Committee also requests the Government to strengthen its efforts to take specific effective and time-bound measures in the context of the implementation of the National Action Plan for Children, Vulnerable Children and Orphans, to prevent HIV/AIDS orphans from being engaged in the worst forms of child labour.

Street children and begging. The Committee previously noted that the Government indicated that many children live or work in the streets in Mozambique and that the exploitation of child beggars is increasingly frequent in several provincial capitals.

The Committee notes the Government’s statement in its report to the CRC of 23 March 2009 that, due to poverty, there has been an increase in begging, though the Government has taken measures to reduce poverty, to increase social protection and to improve housing policies to address this issue (CRC/C/MOZ/2, paragraphs 278 and 279). The Committee also notes the Government’s statement in its report to the CRC that street children continue to be a problem in Mozambique in urban areas, and that intervention in this area involves partnerships between the Government and civil society, and with the children and their families, in order to reintegrate the street children into families. It further notes the Government’s indication that these children, throughout the reintegration process, are provided with assistance at shelters for children and that these children are also encouraged to participate in professional and productive activities, as well as schooling, in order to prepare for successful reintegration into the community (CRC/C/MOZ/2, paragraph 387). However, the Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that insufficient measures have been taken to address the situation of children living in the streets (CRC/C/MOZ/CO/2, paragraph 82). The Committee recalls that children who live or work in these streets are particularly exposed to the worst forms of child labour and therefore requests the Government to take effective and time-bound measures to protect children living in the streets from these worst forms, and to provide for their rehabilitation and social integration.