Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la edad mínima, 1973 (núm. 138) - Mozambique (Ratificación : 2003)

Otros comentarios sobre C138

Observación

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 32.1 per cent of all children between the ages of 10 and 14 were working. The Committee also noted the Government’s indication that much remains to be done in the area of child labour and that in rural Mozambique children are frequently forced to work, due to chronic household poverty, lack of employment opportunities for adults, an unfavourable economic environment, lack of educational opportunities and gender inequalities. The Committee further noted the Government’s indication that it was implementing a National Action Plan for the Child (NAPC) which contained provisions relating to universal access to education and child labour prevention (CRC/C/MOZ/Q/2/Add.1, paragraph 42).

The Committee notes the Government’s statement regarding the impact of the NAPC for 2005–09, that despite success in expanding the school network, the targets set for the NAPC (in terms of school attendance rates and assistance for orphaned or abandoned children), were not achieved. The Committee also notes the information from ILO–IPEC that, Mozambique is one of the countries participating in the project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusophone countries in Africa”, which commenced in 2010. The Committee notes that, through this project, a tripartite training on social dialogue and child labour took place in Maputo in October 2010. The Committee further notes the information from ILO–IPEC that a legal consultant has been hired to examine the legislation in the country on child labour. The Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

Article 2(1). Scope of application. (i) Children working on their own account and in the informal sector. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), this Law only applies in the context of a labour relationship. It noted the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, such as those working in the informal economy. In this regard, the Committee noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 23 May 2009, that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356). The Government also indicated that the control mechanisms for child labour, such as labour inspection, are more effective in the formal than in the informal sector (CRC/C/MOZ/2, paragraph 359).

The Committee notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that that there are still no specific regulations governing children who are not covered by an employment relationship (CRC/C/MOZ/CO/2, paragraph 80). Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy.

(ii) Domestic work. The Committee previously noted the Government’s statement in its report to the CRC of 23 March 2009 that domestic work was one of the most common forms of child labour in Mozambique (CRC/C/MOZ/2, paragraph 356). It also noted that section 3 of the Labour Law provides for special regimes governing employment relationships in domestic work, and it requested the Government to provide a copy of the relevant legislation for this sector.

The Committee notes the adoption of the Regulations on Domestic Work (No. 40) on 26 November 2008 and observes that section 4(2) of these Regulations prohibits employers from employing a person under 15 years of age in domestic work. However, this section also states that a person from the age of 12 may be hired for domestic work with the permission of a legal representative. In this regard, the Committee reminds the Government that, pursuant to Article 2(1) of the Convention, no person under the minimum age (of 15 years) may be engaged in economic activity, including in domestic work, with the exception of light work that can only be carried out under conditions laid down in Article 7 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that no person under the age of 15 is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

(iii) Mining. The Committee previously noted that section 3 of the Labour Law provides that employment relationships in mining shall be governed by a special regime. In this regard, the Committee notes the Government’s statement that discussions are ongoing at the governmental level on proposals regarding several sectors, including mining. The Government indicates that these proposals are pursuant to the Labour Law and that the lowest minimum age in the proposals under discussion is 15 years of age. The Committee requests the Government to provide a copy of the regulations adopted governing employment relationships in mining, once adopted.

(iv) Rural work. The Committee previously noted that section 3 of the Labour Law provides for special regimes governing employment relationships in rural work. It also noted the Government’s statement in its report to the CRC that children are frequently forced to work in commercial agriculture (CRC/C/MOZ/2, paragraph 358). The Committee also noted the information from a 2006 study entitled “Assessment of child labour in small-scale tobacco farms in Mozambique”, indicating a high incidence of child labour in rural areas. This study, a survey of the small-scale farms in tobacco producing areas of three provinces (Angónia, Chifunde and Niassa), indicated that 80 per cent of these farms used child labour and that children were generally put to work at age 6.

The Committee notes the Government’s statement that the minimum age for admission to employment established in the Labour Law (of 15 years of age) applies to children working in rural work. The Government also indicates that draft regulations on rural work have been developed and are under discussion. The Committee also notes the information from UNICEF indicating that hazardous labour activities involving children are mostly related to farm work either in the cotton or tobacco industries. The Committee further notes the statement by the CRC, in its concluding observations of 4 November 2009, that child labour remains a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). The Committee expresses its concern at the situation of children working in agriculture, and requests the Government to take the necessary measures to ensure that the minimum age of 15 is applied in practice to this sector. It also requests the Government to provide a copy of the regulations on rural work, once adopted.

Minimum age for admission to employment or work. The Committee previously noted that section 29(1) of the Labour Law referred to “student employees”, and it requested the Government to indicate the definition of this term.

The Committee notes the Government’s statement that student workers are persons who, while in employment, have permission from their supervisor to attend a training course during working time to improve their skills.

Article 2(3). Age of compulsory schooling. The Committee previously noted the information from UNESCO that in 2006, there were 954,000 out of school children of primary school age. It requested the Government to indicate the age of completion of compulsory schooling in Mozambique.

The Committee notes the Government’s statement that the age for completion of compulsory schooling is 13 years, and that schools starts at the age of 6 and lasts for seven years. The Committee observes that this is two years below the minimum age for admission to employment or work. The Committee also notes the Government’s indication that, with the aim of achieving gender parity in general secondary education, efforts are being undertaken to build secondary schools in communities and to implement a system of incentives to girls to attend general secondary school. The Committee further notes the information in the UNESCO Education for All Global Monitoring Report of 2011, that since 1999, the net enrolment rate has risen from 52 per cent to 80 per cent. Moreover, the Committee notes that the number of out of school children of primary school age has dropped from 1,575,000 children in 1999 to 863,000 children in 2008. In addition, the Committee notes that the CRC, in its concluding observations of 4 November 2009, commended the significant efforts deployed by the Government to increase enrolment rates in primary and secondary education (CRC/C/MOZ/CO/2, paragraph 71). However, the CRC expressed concern that, inter alia, nearly half of primary school aged children drop out of school before they complete grade 5 (CRC/C/MOZ/CO/2, paragraph 71). Considering that compulsory education is one of the most effective ways of combating child labour, the Committee requests the Government to indicate if any measures are envisaged to link the age of completion of compulsory schooling to the minimum age for admission to work of 15 years of age. Moreover, taking due note of the considerable progress achieved by the Government with regard to increasing school enrolment rates, the Committee encourages the Government to pursue its efforts in this regard, and to continue to provide information on the results achieved.

Article 3(2). Determination of hazardous types of employment or work. The Committee previously noted that section 23(2) of the Labour Law provides that employers shall not give minors under the age of 18 work that is unhealthy, dangerous or which requires great physical strength, as defined by the competent authorities, after consultation with trade union and employers’ organizations. The Committee also noted the Government’s indication that work was in progress to draw up specific legislation concerning the determination of hazardous types of work prohibited for children under the age of 18 years, within the framework of ongoing legal reforms.

The Committee notes the Government’s statement that no measures have been adopted to determine types of dangerous work prohibited to persons aged under 18 years. The Committee also notes that the CRC, in its concluding observations of 4 November 2009, urged the Government to define hazardous work prohibited for persons under 18 years old (CRC/C/MOZ/CO/2, paragraph 80). In this regard, the Committee must once again recall that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, 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 therefore urges the Government to take the necessary measures to include in national legislation provisions determining the types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships.

The Committee once again reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons within the context of an apprenticeship programme only from the age of 14 years of age. In this regard, the Committee requests the Government to take measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization from the minor’s legal representative. In this regard, the Committee recalled that pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 and 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 in light work.

Article 7(3). Determination of light work. The Committee previously noted that under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal diploma establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. The Committee further noted the Government’s statement that children between the ages of 12 and 15 years may not be employed in work that is likely to be harmful to their health.

The Committee notes the statement in the Government’s report that the light work referred to in the Labour Law has not been classified. In this regard, the Committee reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Observing that a significant number of children under the minimum age are engaged in child labour, the Committee requests the Government to take the measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15, including the hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9(3). Employers’ registers. The Committee previously noted that the Labour Law does not prescribe the registers to be kept by employers. It reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers concerning employees under the age of 18, which shall be kept and made available by the employer. Noting once again an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspection. Following its previous comments, the Committee notes the Government’s statement that the general labour inspectorate, which is attached to the Ministry of Labour, is responsible for supervising the application of labour standards. The Government states that when irregularities are detected, the general labour inspectorate has the power to impose fines on employers in order to achieve compliance with the law. The Committee also notes that the CRC, in its concluding observations of 4 November 2009, expressed concern that the labour inspectorate and police face shortages of qualified staff, adequate funds and training to carry out their mandates (CRC/C/MOZ/CO/2, paragraph 80). The Committee requests the Government to take the necessary measures, including through the allocation of additional resources, to adapt and strengthen the General Labour Inspectorate, in order to ensure that the protection established by the Convention is afforded to all children in the country. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.