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

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

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. The Committee notes the information provided by the Government 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. The Committee hopes 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 requests the Government to provide a copy of the Penal Code that is currently in force, and of Act No. 8/2002 of 5 February amending the Penal Code.

Clause (a). 1. Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that boys are trafficked to South Africa to work on farms and that Mozambican women and children are trafficked to South Africa for sexual exploitation. The Committee had observed that a number of sources report the trafficking of persons, including children under 18 years of age, for the purposes of economic and sexual exploitation. It requested the Government to provide information on the measures adopted or envisaged in the national legislation to prohibit the sale and trafficking of children under 18 years of age for economic and sexual exploitation. The Committee notes the information provided by the Government in its report that a Bill on the trafficking of persons, with particular reference to women and children, has been submitted to the National Assembly. The Committee hopes that this Bill will prohibit and punish the sale and trafficking of children under 18 years of age for both economic and sexual exploitation, and that the Bill will be adopted in the near future. It requests the Government to provide information on any progress achieved in this respect and to supply a copy of the Act once it has been adopted.

2. 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. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the measures adopted to prohibit the forced or compulsory recruitment of young persons under 18 years of age for use in armed conflict, even in time of war.

Clause (b). 1. Use, procuring or offering of a child for prostitution. With reference to its previous comments, the Committee requests the Government to provide a copy of Decree No. 417/71 on the jurisdictional statute of assistance to minors and of Act No. 6/99 which is applicable to commercial sexual exploitation.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted previously 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. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate whether the national legislation prohibits the use, procuring or offering of children under the age of 18 years for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention. If not, the Committee requests the Government to adopt such legislation as a matter of urgency.

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, the Committee once again requests it 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.

Article 3(d). Hazardous work. Children in domestic service. The Committee notes the adoption of Act No. 23/2007 of 27 August 2007. It notes that, under section 3 of the Act, domestic work will be regulated by regulation. The Committee also notes the information communicated by the Government that the regulations to implement the new Labour Act are under preparation, including regulations on domestic work. In this respect, the Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project entitled “Combating the worst forms of child labour in African Portuguese-speaking countries” (ILO/IPEC project on the worst forms of child labour), Mozambican children work in domestic service. The Committee observes that children, and particularly young girls, engaged in domestic service are often victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment in view of the clandestine nature of such work. The Committee hopes that the preparatory work on the regulations to give effect to the Labour Act will be completed in the near future and that the Regulations on domestic work will determine the working conditions of children engaged in domestic work, particularly with regard to hazardous work. It requests the Government to provide information on any progress achieved in this respect and to provide a copy of the Regulations on domestic work once they have been adopted.

Article 4. Determination of hazardous types of work. With reference to its previous comments concerning hazardous types of work prohibited for young persons under 18 years of age, the Committee notes that under section 23(2) of the Labour Act, 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. In this respect, the Committee notes the information provided by the Government that, in the context of the legislative reform, work is currently being carried out on the formulation of specific legislation on this subject. 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 hopes that the 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 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 legislation once it has been adopted.

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the information provided by the Government that a mechanism to monitor communities has been established with regard, among other matters, to the sexual exploitation of women and children. The Committee requests the Government to provide information on the functioning of this monitoring mechanism and to supply reports on its activities.

Article 6. Programme of action. The Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, a National Action Plan for the elimination of the worst forms of child labour will be formulated. The Committee hopes that the National Action Plan will be formulated and implemented in the near future and requests the Government to provide information in this respect, particularly regarding the programmes of action that are established and the results achieved in terms of the elimination of the worst forms of child labour. It also requests the Government to provide a copy of the Plan of Action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. ILO/IPEC project on the worst forms of child labour. The Committee notes that, according to the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, over 200 girls and boys will be prevented from being engaged in child labour through the implementation of a pilot programme of action in the field of education, and that 800 members of communities, including the families of children, will be targeted by awareness raising on the subject with a view to monitoring the situation in their location and identifying children at risk. The Committee requests the Government to provide information on the measures taken in the context of the implementation of the ILO/IPEC project on the worst forms of child labour to prevent children under 18 years of age from becoming victims of the worst forms of child labour and on the results achieved.

2. Access to free basic education. In its previous comments, the Committee noted that, in its concluding observations on the Government’s initial report in April 2002 (CRC/C/15/Add.172, paragraphs 56 and 57), 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, the adoption of measures to improve the access to education of girls and the fall in the repetition and drop-out rates. The Committee on the Rights of the Child nevertheless 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, are extremely low. Certain practices, such as the imposition of excessive domestic work on girls, contribute to limiting their access to education.

The Committee takes due note of the information provided by the Government on the measures that it has taken to improve the education system, particularly with regard to school attendance rates. It notes in particular the measures established, in collaboration with the specialized gender units, to facilitate the access to education of raparigas (girls) and to reduce the gap between girls and boys in this respect. The Government has also implemented an employment and vocational training strategy and the country is participating in the UNESCO Literacy Initiative for Empowerment, a ten-year initiative intended to achieve the objectives of the United Nations Literacy Decade (2003–12). The Committee notes that, according to the 2005 data of the UNESCO Institute for Statistics, the school enrolment rate at the primary level is 73 per cent for girls and 80 per cent for boys, and in secondary school 6 per cent for girls and 8 per cent for boys. Despite the Government’s efforts, the Committee expresses concern at the low school attendance rates, particularly for secondary school. 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 in secondary school and reducing school drop-out rates, with particular emphasis on girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children for economic and sexual exploitation. The Committee previously requested the Government to provide information on the time-bound measures adopted to remove children from this worst form of child labour. Noting the absence of information in the Government’s report, the Committee notes that, apart from the Bill on the trafficking of persons, the Government does not appear to have taken specific measures to prevent and combat the sale and trafficking of children. The Committee requests the Government to adopt effective and time-bound measures for the provision of the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration, in accordance with Article 7, paragraph 2(b), of the Convention. It requests the Government to provide information in this respect.

2. Debt bondage. In its previous comments, the Committee noted that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 40 and 41), 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 Committee notes that this has been confirmed by the evaluation report on the ILO/IPEC project on the worst forms of child labour. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the time-bound measures adopted to bring an end to the practice of the use of children for the settlement of debts and to provide for the rehabilitation and social integration of these children.

3. Prostitution. The Committee previously noted that child prostitution is a common practice and is on the increase in Mozambique, especially in the Maputo, Beira and Nacala regions and in some rural areas. It notes that the Government has not provided any information in its report. The Committee therefore once again requests the Government to adopt time-bound measures for the removal of children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted that over 470,000 children have been orphaned by HIV/AIDS in Mozambique. It also noted that the Government has adopted several measures to combat the pandemic, including the formulation of a comprehensive multi-sectoral strategic plan to combat HIV/AIDS and the adoption on 5 February 2002 of Act No. 5/2002 regulating HIV/AIDS prevention measures at work.

The Committee notes that the Government has formulated a Plan of Action for the Reduction of Extreme Poverty (2006–09), which includes among its objectives special attention for child orphans of HIV/AIDS. It also notes that the Government has formulated a second Strategic National Plan on HIV/AIDS (2005–09) and a National Action Plan for Children, Vulnerable Children and Orphans. The Committee further notes that, according to the information provided by the Government, a rehabilitation centre has been established for children and young persons. However, it notes that, according to the Report on the Global Aids Epidemic published by UNAIDS, the number of children orphaned in Mozambique due to the virus is now around 510,000. The Committee expresses great concern at the very 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. It therefore requests the Government to provide information on the specific time-bound measures adopted, in the context of the implementation of the plans referred to above, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children and begging. The Committee noted previously that, in its initial report submitted to the Committee on the Rights of the Child in June 2000, the Government indicated on several occasions that many children live or work in the streets in Mozambique (CRC/C/41/Add.11, paragraphs 188, 189, 191, 213, 240, 242, 246, 248, 249 and 659). The Government also indicated that the exploitation of child beggars is increasingly frequent in several provincial capitals (paragraph 659). In this respect, the Committee observed that, in its concluding observations of April 2002 (CRC/C/15/Add.172, paragraphs 68 and 69), the Committee on the Rights of the Child noted with concern that there are large numbers of children living in the streets in urban areas, that they are vulnerable and do not have access to education. Observing that the Government has not provided information on this subject, the Committee once again recalls that children who live or work in these streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Article 8. International cooperation and assistance. Poverty reduction. With reference to its previous comments, the Committee notes that the Plan of Action for the Reduction of Extreme Poverty (2006–09) envisages the implementation of measures for the protection of children. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures adopted in the context of the implementation of the Plan of Action for the Reduction of Extreme Poverty (2006–09) with a view to the elimination of the worst forms of child labour, particularly with regard to the effective reduction of poverty among child victims of sale and trafficking, forced labour and debt bondage and prostitution.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to the 2006 evaluation report for the ILO/IPEC project on the worst forms of child labour, children are engaged in work in particular as traders, domestic workers and in the agricultural sector. It once again notes that no statistics relating to children engaged in the worst forms of child labour in Mozambique appear to be available. The Committee however notes that, according to the 2006 evaluation report, a study will be prepared on the worst forms of child labour. The Committee hopes that the study on child labour will contain information on the worst forms of child labour and requests the Government to provide a copy of the study as soon as it has been completed. It also requests the Government to provide information on the number and nature of contraventions, investigations, prosecutions, convictions and the penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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.