Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (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.