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Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the adoption of the implementing decree under Act No. 6/2008 of 9 July 2008, establishing the legal framework applicable to action to prevent and combat trafficking in persons, as the Decree was intended to establish the measures for awareness raising, training, protection and reintegration of victims envisaged in the Act. The Committee notes with regret that the Government has not provided any information on the measures adopted to combat trafficking in persons. However, the Committee notes, from the information available on the website of the Prosecutor-General of the Republic, and particularly the annual report for 2014 submitted to the Assembly of the Republic, that certain measures have been taken to raise awareness of trafficking in persons and for the training of state employees, and particularly investigating magistrates and the criminal police. In terms of prosecutions, 22 cases have been initiated, resulting in ten rulings resulting in the conviction of ten defendants to sentences ranging from four to 24 years of imprisonment and the payment of compensation to the victims. The Committee also notes that a study on trafficking in persons has been ordered by the Prosecutor-General. The study “Trafficking in persons in Mozambique, and particularly children”, published in November 2014, analyses the characteristics of the problem, as well as its causes, and makes a series of recommendations, including the adoption of a plan of action, the strengthening of the supervisory capacities of the border services, the improvement of the investigation capacity, the reinforcement of assistance to victims and the compilation of data on trafficking. The Committee trusts that the Government’s next report will contain detailed information on all of the measures taken to reinforce action to combat trafficking in persons. In this respect, the Committee requests the Government to take the necessary measures for the adoption of a national plan to combat trafficking in persons, containing precise and coordinated measures with a view to: (i) preventing trafficking in persons and raising awareness of the issue; (ii) reinforcing the capacities and training of the authorities responsible for the identification of situations of trafficking, carrying out investigations and initiating prosecutions; and (iii) punishing those responsible. Please also describe the measures taken for the protection and reintegration of victims, in accordance with sections 20, 21 and 24 of the Act of 2008. Finally, the Committee would be grateful if the Government would provide statistical data on the prosecutions initiated and on the convictions and penalties imposed under the Act No. 6/2008 and section 198 of the Penal Code, which criminalizes trafficking in persons. Article 2(2)(a). Work exacted in virtue of compulsory military service laws. The Committee noted previously that, under the terms of article 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. In addition to military service performed in armed forces defence units, the Act also envisages civic service to replace or supplement military service for all citizens between the ages of 18 and 35 years who are not subject to military duties. Civic service consists of the performance of activities of an administrative, cultural, economic or assistance nature, in public or private entities. It is the responsibility of the Council of Ministers to determine the numbers of those annually who have to perform civic service (Act No. 16/2009 of 10 September 2009 defining the basic principles and rules of civic service and its implementing regulation (Decree No. 8/2010)). The Committee observes that, in accordance with the legislation and the information provided by the Government, one of the objectives of civic service is to prepare citizens with a view to national reconstruction, thereby contributing to the socio-economic development and defence of the country. The activities carried out relate to environmental protection, assistance in hospitals, literacy, the construction and maintenance of roadways, assistance to the population in the event of disasters, etc. The Committee recalls that, to be excluded from the scope of application of the Convention and therefore not to constitute forced labour, any work exacted in virtue of compulsory military service laws must be of a purely military character. That is not the case of work performed by persons within the framework of civic service which replaces or supplements military service. Under these conditions, the Committee requests the Government to provide information on the manner in which the category is defined of “persons who are not subject to military obligations” and are therefore subject to the obligation to perform civic service. Please also indicate the number of persons annually who are required to perform civic service, as determined by the Council of Ministers, and indicate the manner in which such persons are selected. Finally, the Committee requests the Government to indicate whether such persons may refuse to perform civic service and the consequences of any such refusal. Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Work performed for the benefit of private entities. In its previous comments, the Committee requested the Government to provide information on the manner in which prison labour is organized, both within and outside the prison, and in particular to specify the conditions of work of prisoners performing work for the benefit of private entities. The Committee notes the Government’s indication that, in general terms, work by prisoners is performed in workshops and industrial or agricultural concerns belonging to prisons, and that such work is remunerated. The Government indicates that the law allows the authorization of work by prisoners outside prisons. The Committee notes that, in accordance with section 71 of the Penal Code (Act No. 35/2014 of 31 December 2014), the sentencing magistrate may authorize convicts who have completed one third of their sentence and have a record of good behaviour to work for public or private entities within the framework of a contract concluded between such entities and the prison management. The Committee requests the Government to indicate whether such authorizations have already been granted and, if so, to specify the manner in which the prisoner gives consent when the work is performed for private entities, and the rate of remuneration. 2. Community work. The Committee notes that the Penal Code provides for a series of alternative penalties to imprisonment, including the performance of community work. This penalty is imposed on first-time offenders liable to a sentence of imprisonment of between two and eight years. Community work consists of undertaking an activity, service or task without pay for the community in public or private entities pursuing public or community interest aims. The types of work covered by the concept of community work include services provided in hospitals, orphanages and schools, the construction, conservation or maintenance of public thoroughfares and infrastructure, activities related to the conservation and protection of the environment and intellectual activities (sections 90–95). The Committee emphasizes that, where the performance of community work may be for the benefit of private law associations, such as charitable associations or institutions, the convict should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee therefore requests the Government to indicate whether the penalty of community work may be imposed without the consent of the convict. Please provide detailed information on the manner in which the sentence of community work is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.
Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 1. Trafficking in persons. Taking account of the convergence of information about cases of trafficking to South Africa, both for purposes of sexual exploitation and exploitation of the labour of victims, the Committee previously requested the Government to provide information on the measures taken with a view to combating this phenomenon. The Committee notes with interest the adoption of Law No. 6 of 9 July 2008 which establishes a legal framework applicable to the prevention of and the fight against trafficking in persons, particularly women and children. The Committee notes that section 10 criminalizes trafficking in persons and imposes penalties of up to 16 to 20 years of imprisonment. The Act imposes a special obligation on officials of the immigration services, customs officials, border police, and health personnel or any other public officials who become aware of trafficking cases, to report such incidents to the competent authorities. The police force equally have the obligation to initiate investigations into all cases of which they become aware (section 9). The Act also provides for: the putting into place of measures for the protection and integration of victims (section 21), the right of a temporary residence permit for victims who cooperate with the authorities (section 24), and the training of agents of the immigration services, criminal police and customs. The Committee notes the Government’s indication that activities to raise the awareness of the population about the new legislation have been carried out. It observes, however, that regulations to implement the Act which are needed to establish the duties of the different bodies, including those of civil society, with a view to the practical application of the measures provided for in the Act, are still in the course of being drafted. The Committee hopes that regulations implementing the law on trafficking in persons will be adopted very soon in order that measures for awareness raising and training, as well as for the protection and integration of victims, can be put into effect. It requests the Government to provide detailed information in this regard in its next report. Please also indicate the measures taken to ensure that judicial proceedings are initiated against perpetrators of this crime, and provide information concerning the number of residence permits granted to victims who agree to cooperate with prosecuting authorities and on judicial decisions applying the Act that have already been issued.
The Committee notes the activities carried out by the Government in order, on the one hand, to ensure greater coordination with South African authorities in the area of police investigation so that evidence can be obtained that is needed for judgements to be rendered against persons who engage in trafficking and, on the other hand, to educate magistrates, agents of the security forces and social workers on the issues of traffickings. The Committee asks the Government to continue to provide information on actions taken in these two areas.
2. Freedom of public servants to leave their employment. In its previous comments, the Committee noted that the employment relationship of established public servants shall end by means of an “exemption” authorized by the State or at the request of the public servant. The “exemption” requested by the public servant could be authorized in exceptional and duly justified cases (sections 230 and 232 of Decree No. 14/87 of 20 May 1987). The Committee notes with interest that, under section 136 of the new General Public Service Regulations (Act No. 14 of 17 March 2009), the restrictions applicable to a request for “exemption” have been abolished.
Article 2, paragraph 2, subparagraph (a). Work exacted by virtue of compulsory military service laws. The Committee once again requests the Government to indicate whether civic service to replace or complement military service for citizens who are not subject to military obligations, to which article 267(3) of the Constitution refers, has been instituted. If so, please send a copy of the relevant legislation.
Article 2, paragraph 2, subparagraph (c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that Legislative Decree No. 15/74 of 5 November 1974 allows the Prosecutor of the Republic to authorize prisoners, sentenced for the first time, to work outside the prison for public or private entities on the basis of contracts concluded between the management of the prison institution and the entity supplying the work. It also noted that the Government referred in previous reports to Decrees Nos 58 and 59 of 1974 on prison labour. The Committee once again asks the Government to indicate the legislation regulating prison labour that is currently in force and to provide a copy of it. Please also provide information on the way in which prison labour is organized, whether inside or outside prison institutions and, where appropriate, to indicate the nature of work performed by prisoners for private entities, the manner in which prisoners express their consent to this work and the remuneration which they receive, vis-à-vis the average remuneration paid for the same activity performed by free workers.
Communication of legislation. The Committee requests the Government to provide a copy of the regulations governing military personnel in the Mozambique armed forces, as these regulations were previously sent by the Government but in an incomplete version.
Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. Trafficking in persons. On the basis of reports from the International Organization for Migration (IOM) citing Mozambique as a country of origin and transit for the trafficking of women for their sexual exploitation in South Africa, the Committee requested the Government to provide detailed information on the measures taken to prevent, suppress and punish trafficking of persons for the purpose of their sexual exploitation or the exploitation of their labour. It notes that the Government indicates in its report that it has drawn up a draft law on the trafficking of persons which is before Parliament for approval. The Committee hopes that this draft will be approved in the very near future, inasmuch as the adoption of a law criminalizing and punishing trafficking in persons constitutes one of the key elements of an effective policy to combat trafficking. The Committee also requests the Government to indicate the other measures taken to combat this phenomenon in terms of raising public awareness and the involvement of the public authorities, and also in the area of prevention and assistance provided to victims. In view of the concordant information of cases of trafficking to South Africa, both for sexual exploitation and for the exploitation of the victims’ labour, the Committee requests the Government to provide information on the measures taken to ensure that judicial proceedings are instituted and the perpetrators are effectively penalized.
2. Freedom of public servants to leave their employment. In its previous comments, the Committee referred to section 232 of the General Public Service Regulations (Decree No. 14/87 of 20 May 1987), according to which, resignation requests submitted by public servants could be authorized in exceptional and duly justified cases. It requested the Government to provide information on the criteria used by the administration to accept or refuse resignation requests. The Government indicates in its report that section 232 has been repealed and that resignation requests submitted by officials belong to the category of administrative acts covered by the system of tacit acceptance. Accordingly, in the absence of a reply from the administration during the 20 days following the date of submission of the resignation request, the latter is deemed to have been tacitly accepted. The Committee notes this information and requests the Government to indicate whether, in practice, cases have arisen in which the request has been refused or adjourned and, if so, to state the reasons given by the administration.
The Committee also notes that the Government indicates that a draft law on the public service has been submitted to the Assembly. Please send a copy of this law once it has been adopted, as well as the regulations governing military personnel in the Mozambique armed forces. These regulations were sent by the Government together with its last report but in an incomplete version.
Article 2, paragraph 2(a). Work exacted by virtue of compulsory military service laws. With reference to its previous comments, the Committee notes Act No. 24/97 of 23 December 1997 on military service, sent by the Government. The Committee requests the Government to indicate whether civic service to replace or complement military service for citizens who are not subject to military obligations, to which article 267(3) of the Constitution refers, has been instituted. If so, please send a copy of the relevant legislation.
Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that Legislative Decree No. 15/74 of 5 November 1974 allows the Prosecutor of the Republic to authorize prisoners, sentenced for the first time, to work outside the prison for public or private entities on the basis of contracts concluded between the management of the prison institution and the entity supplying the work. Noting that the Government referred to Decrees Nos 58 and 59 of 1974 on prison labour, the Committee asked it to provide a copy of the relevant legislation currently in force and also information on the way in which prison labour is organized, whether inside or outside prison institutions. In reply, the Government indicates that detailed information on this matter will be sent in due course. The Committee hopes that this information and a copy of the legislation in force will indeed be sent with the Government’s next report. In particular, it requests the Government to provide information on the nature of work performed by prisoners for private entities, the manner in which prisoners express their consent to this work and the remuneration which they receive.
The Committee notes the information contained in the Government’s first report and would like the Government to provide further information on the following points.
1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Freedom of public servants to leave their employment. The Committee notes that pursuant to section 230 of the General Public Service Regulations (Decree No. 14/87 of 20 May 1987), the employment relationship of established public servants shall end by means of an “exemption” authorized by the State or at the request of the public servant. Pursuant to section 232, the “exemption” requested by the public servant may be authorized in exceptional and duly justified cases. The Committee would like the Government to specify whether the General Public Service Regulations of 1987 are still in force. If so, please provide information on the application in practice of the abovementioned section 232 and, in particular, on the procedure to be followed by the public servant who wishes to resign and the criteria used by the administration to accept or refuse the resignation request. The Committee would also like the Government to provide information on the provisions applicable in this respect to career members of the armed forces. Please provide a copy of the relevant provisions.
2. Article 2, paragraph 2(a). Work exacted in virtue of compulsory military service laws. The Committee notes that in its report the Government indicates that citizens are under the obligation to contribute to the defence of their country, notably through military and civic service, and refers to section 267 of the Constitution and Act No. 24/97 of 23 December 1997 approving the military service. The Committee notes that, pursuant to section 267 of the Constitution, participation in the defence of national independence is a sacred duty and an honour for all citizens. Military service is carried out, in accordance with the law, in armed forces defence units. Moreover, the law establishes a civic service to replace or complement military service for all citizens who are not subject to military obligations. The Committee requests the Government to provide a copy of Act No. 24/97 approving the military service and a copy of the legislation governing the civic service which replaces or complements military service. In this regard, the Committee would like to draw the Government’s attention to the fact that, if work exacted in virtue of compulsory military service laws is not, by virtue of Article 2, paragraph 2(a), of the Convention, considered as forced labour, the work exacted in this context must be of a purely military nature.
3. Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 84 of the Constitution prohibits compulsory labour, with the exception of work carried out within the framework of penal legislation. The Committee notes Legislative Decree No. 15/74 of 5 November 1974, pursuant to which the Prosecutor of the Republic may authorize prisoners, sentenced for the first time, to work outside the prison for public or private entities on the basis of contracts concluded between the management of the prison institution and the entity offering the work. The remuneration attributed to the prisoner is paid directly to prison institutions and distributed in accordance with the regulations on prisoners’ wages. The Committee also notes that, in its previous reports on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government referred to Decrees Nos. 58 and 59 of 1974 on prison labour. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, prison labour is not considered to be forced labour, provided that the said work “is carried out under the supervision and control of a public authority” and that the prisoner “is not hired to or placed at the disposal of private individuals, companies or associations”. The Committee has, however, indicated that work performed for private entities may not be contrary to the Convention if it is carried out under conditions approximating those of a free employment relationship, that is, with the consent of the prisoner and subject to a certain number of guarantees. The Committee asks the Government to provide detailed information on the different arrangements in respect of prison work, in particular where prisoners are authorized to work for private entities (consent, remuneration, etc.). Please provide a copy of the relevant legislation currently in force and, in particular, Decrees Nos. 58 and 59.
4. Article 2, paragraph 2(d). Work exacted in cases of emergency. The Committee notes that sections 12 et seq. of Act No. 18/97 of 1 October 1997 on national defence allow for the mobilization and requisitioning of the human and material resources that are vital to national defence. Sections 282 et seq. of the Constitution refer to states of siege and states of emergency. A state of siege or a state of emergency may only be declared in the event of attack or imminent attack, a serious threat or disruption to constitutional order, or a public disaster. In such circumstances, certain measures restricting freedoms may be taken, including the requisitioning of goods and services. The Committee requests the Government to indicate whether any special legislation on states of emergency and states of siege has been adopted and, if so, to provide a copy thereof.
5. Trafficking in persons. The Committee notes that several reports by the International Organization for Migration (IOM) cite Mozambique as a country of origin and transit for the trafficking of women for sexual exploitation in South Africa (Seduction, sale and slavery: Trafficking in women and children for sexual exploitation in southern Africa, May 2003, and Breaking the cycle of vulnerability – responding to the health needs of trafficked women in East and southern Africa, September 2006). The victims, attracted by an offer of work in South Africa, accept to pay traffickers to transport them across the border. In certain cases, the traffickers stop in “transit houses” in the border area, where they sexually abuse and intimidate their victims as an initiation for the sex work that awaits them. The victims are then sold to brothels in Johannesburg or taken to mining regions to be sold as “wives” to mine workers, thus becoming their sex slaves. The Committee would like the Government to provide detailed information on the measures taken to prevent, eliminate and punish the trafficking in persons for sexual exploitation or for the exploitation of their work. The Committee requests the Government to indicate whether any judicial procedures have been brought against the persons responsible for these practices, specifying the legal basis for the prosecution and the sentences handed down, and, if so, to provide a copy of the relevant court decisions. The Government is also requested to indicate the difficulties encountered by the authorities in this respect.